Levy v Legal Services Commission (Formerly the Legal Aid Board): CA 10 Nov 2000

A costs order made in the course of family proceedings had the same protection against enforcement through insolvency proceedings as do other family orders. No provable bankruptcy debt arose because it was made under an order in family proceedings. There were no special circumstances to require the court to exercise its discretionary jurisdiction to found a bankruptcy petition on a non-provable debt. A party served with a statutory demand based upon a non-provable debt has the right to have the demand set aside, since there was no realistic prospect of a bankruptcy order following.

Citations:

Gazette 30-Nov-2000, Times 01-Dec-2000, [2000] EWCA Civ 285

Links:

Bailii

Statutes:

Insolvency Rules 1986/1925 12.3(2)(a)

Jurisdiction:

England and Wales

Insolvency, Family, Legal Aid

Updated: 19 May 2022; Ref: scu.83039