The applicant wanted to present a petition so as to obtain a declaration of bankruptcy from the court but, being in debt to the tune of nearly pounds 60,000, she could not afford the deposit required by the court of pounds 250.
Held: The claim failed. There was no constitutional right for a debtor to petition the court to achieve his or her own bankruptcy. However, the more fundamental the right affected by a Regulation, the less likely it was that Parliament would have authorised its impairment and the greater would be the court’s need to be satisfied that such indeed was Parliament’s true intention.
Judges:
Simn Brown LJ
Citations:
[1998] EWHC Admin 827, [2000] QB 597
Jurisdiction:
England and Wales
Cited by:
Cited – A, K, M, Q and G v HM Treasury Admn 24-Apr-2008
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Constitutional
Updated: 09 May 2022; Ref: scu.138948