The claimant wanted to make a claim for her own bankruptcy, but could not do so without finding the court fees. She challenged the refusal of the defendant to give her exemption.
Held: The attempt failed. The absolute requirement of a fee (without any provision for a discretionary power of waiver) was entirely in accord with the statutory bankruptcy scheme and Parliamentary intention. Thus inability to pay on the part of some petitioners did not invalidate the scheme.
Judges:
Simon Brown LJ, Chadwick LJ, Rattee J
Citations:
[1999] EWCA Civ 3025, [2000] HRLR 33, [2000] QB 597, [2000] BPIR 120, [1999] 4 All ER 583, [2000] BCC 537, [2000] 2 WLR 318
Links:
Jurisdiction:
England and Wales
Insolvency, Human Rights
Updated: 15 July 2022; Ref: scu.268838