Simmonds (as trustee in bankruptcy of Mr Albert James Pearce) v Pearce (a bankrupt)

Contempt of court – Criminal contempt. As it was the first time that an application for committal had been lodged with the Administrative Court in respect of breaches of the Insolvency Act 1986 ss 312, 333 and 363 using the procedure set out in CPR 81.15, the Divisional Court gave guidance on the correct procedure. It then endorsed the claimant trustee in bankruptcy's certification that the respondent bankrupt, without reasonable excuse, had failed to comply with his obligation under ss 333(1)(a) and (c), and 363(2).

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