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Bankruptcy and Insolvency – Bankruptcy. The first defendant owed a debt to the second defendant local authority. By a consent order, a judge set aside a bankruptcy order made against the first defendant on the basis that security had been offered by way of a charge on his home. The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention. A district judge ruled that he had no jurisdiction to order rescission of an order made by the High Court and the matter was transferred to the Chancery Division. That court, dismissing the application, held that, applying Appleyard v Wewelwala[2013] 1 All ER 1383, s 375(1) of the Act did not empower review of an order made by a judge of the High Court on appeal under s 375(2) of the Act. In so far as other unsecured creditors might be affected by the provision of the security to a petitioner, it was neither necessary nor appropriate for their interests to be addressed in the context of the issue of whether, where security was offered and rejected, a bankruptcy order should be made or refused.
Bankruptcy and Insolvency – Bankruptcy. The first defendant owed a debt to the second defendant local authority. By a consent order, a judge set aside a bankruptcy order made against the first defendant on the basis that security had been offered by way of a charge on his home. The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention. A district judge ruled that he had no jurisdiction to order rescission of an order made by the High Court and the matter was transferred to the Chancery Division. That court, dismissing the application, held that, applying Appleyard v Wewelwala[2013] 1 All ER 1383, s 375(1) of the Act did not empower review of an order made by a judge of the High Court on appeal under s 375(2) of the Act. In so far as other unsecured creditors might be affected by the provision of the security to a petitioner, it was neither necessary nor appropriate for their interests to be addressed in the context of the issue of whether, where security was offered and rejected, a bankruptcy order should be made or refused.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines
