In the recent UK case of Williams v Glover & Anor, the Court considered the novel issue of whether the right to appeal against a tax liability constitutes the "property" of a company in liquidation, in deciding whether such a right was assignable or not. In that case, the applicant liquidator sought directions as to whether it could assign the right to appeal against an assessment of tax liability to the respondent former directors of the company in liquidation. Judge Pelling QC held that while there were authorities that had considered this point, they were not binding. This was because in each case, the decision had turned on the separate issue of whether or not the bankrupt was entitled to commence or continue the challenge under consideration.

Ultimately, it was decided that a bare right of appeal is not "property" that is capable of assignment. The basis for this conclusion was by analogy to the situation of a bankrupt. That is, a bankrupt loses his rights of appeal on being adjudicated bankrupt because the only assets out of which the underlying liability can be met have vested in the trustee, and not because the right to appeal is a chose that vests in the trustee.

Judge Pelling QC stressed, however, that this decision was not intended to be of general application, and would only apply to rights of appeal similar to those at issue in this case. Other considerations may apply, for example, where the appeal right is incidental to a property right that is itself capable of assignment.

See court decision here.