David McNulty v Commissioners for Her Majesty's Revenue and Customs

Decision date: 21 October 2010

Neutral citation: [2010] UKFTT 509 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

The Tribunal considered HMRC's application to strike out David McNulty's appeal on the basis that his Trustee in Bankruptcy had agreed with HMRC under TMA 1970 s.54 to accept the amended assessment. It found the Trustee was acting on behalf of the bankrupt in connection with the appeal, that a written agreement had been reached settling the assessment, and that Mr McNulty no longer had a personal interest to pursue the appeal. The Tribunal struck out the notice of appeal.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

A trustee in bankruptcy can, as a person acting on behalf of the bankrupt in connection with an appeal, enter into an agreement with HMRC under TMA 1970 s.54 which can dispose of the bankrupt's appeal; once assets and liabilities relevant to the claim vest in the trustee, the bankrupt is divested of personal interest in those proceedings and must apply to the bankruptcy court to challenge the trustee's decision.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The judgment indicates as obiter that the proper remedy for a bankrupt dissatisfied with a trustee's decision is to apply to the bankruptcy court under the Insolvency Act to confirm, reverse or modify the trustee's act or to obtain directions, and that a trustee's refusal to pursue litigation for lack of funds does not authorise the bankrupt to continue the litigation in his own name.