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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 The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention.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 The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention.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.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
A cultural life and times
