Appeals from refusals to rescind bankruptcy orders. The bankrupts had, after lodging their appeals, persuaded the petitioning creditor and several other creditors to support the application. The first bankrupt was acting as agent in negotiations which if successful would generate a commission which would clear the indebtedness. Held: The court’s rejection of the request had … Continue reading Fitch v The Official Receiver: CA 15 Nov 1995
A petitioner’s change of mind and support can found a review or rescission of a bankruptcy order as a change of circumstances. Citations: Gazette 24-Jan-1996, Times 21-Nov-1995, [1996] 1 WLR 242 Statutes: Insolvency Act 1986 375(1) Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.80579
The Revenue appealed against the recission of a bankruptcy order made on its request against the debtor taxpayer. Citations: [2008] EWHC 3180 (Ch) Links: Bailii Statutes: Insolvency Act 1986 375(1) Jurisdiction: England and Wales Insolvency Updated: 13 August 2022; Ref: scu.396462
Citations: [2001] EWCA Civ 1316 Links: Bailii Statutes: Insolvency Act 1986 375(1) Jurisdiction: England and Wales Insolvency Updated: 27 June 2022; Ref: scu.201321
The court was asked whether section 375 allowed a court to review, rescind or vary an order which was previously made by that court in exercise of its jurisdiction to hear an appeal from a lower court. Arden, Lewison, McCombe LJJ [2016] WLR(D) 632, [2016] EWCA Civ 1159 Bailii, WLRD Insolvency Act 1986 375(1) England … Continue reading Sands (As Trustee In Bankruptcy) v Layne and Another: CA 29 Nov 2016
The court does not have power to order the payment of a liquidator’s costs which had not been properly incurred. The costs of unsuccessful litigation were not recoverable in priority to a secured creditor in priority to the charge. As to rule 7.47(1) of the Rules: ‘But, since the point has been raised and may … Continue reading Mond and Another v Hammond Suddards and Another: CA 15 Jun 1999
