Viscount St Davids v Lewis

Insolvency – Bankruptcy. A registrar had dismissed a bankrupt's application for a declaration that a notice claiming 'after-acquired property' had not been served on him by the trustee in bankruptcy within the statutory time limits, under s 307(1) of the Insolvency Act 1986, by the trustee in bankruptcy, and that it was, accordingly, of no effect. The Chancery Division, Bankruptcy Court, in dismissing the bankrupt's appeal, considered the meaning of 'knowledge' in respect of the date on which the trustee had become aware that the property in question had been acquired by, or had devolved on, the bankrupt. It ruled that the term 'knowledge' under ss 307 and 309 of the Act denoted actual knowledge and had to be knowledge of facts and not of mere claims or allegations and that the registrar had not erred in law in relation to the test of knowledge, under those sections of the Act, and had made findings of fact that had been open to her.

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