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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 The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention.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 The applicant trustee in bankruptcy applied for an order that the consent order should be rescinded, pursuant to s 375 of the Insolvency Act 1986, relying on alleged debts owed to unsecured creditors, which had not been brought to the court's attention.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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
