Source: All England Reporter
Publisher Citation: [2001] All ER (D) 423 (Jul)
Court: Chancery Division
Judge:

Ferris J
Representation Stuart Adair (instructed by Thomas Egbert Church Adams, Reigate) for the respondents.
  The appellant appeared in person.
Judgment Dates: 30 July 2001

Catchwords

Bankruptcy - Appeal - Appeal against refusal to grant interim order - Appellant made bankrupt following matters relating to dissolution of solicitor partnership - Appellant applying for interim order - Registrar refusing to grant order - Appellant appealing - Whether registrar erring in law in refusing to grant interim order.

The Case

The decision to make an interim order, while invoking a limited exercise of discretion was one in which the decision maker had to make valid judgment as to what was appropriate, and the extent to which an appellate court could interfere with that decision was limited. In the instant case, the decision whether to make an interim order was for the registrar to make, and he had arrived at that decision while within the ambit of possibilities open to him. In those circumstances, the decision he had arrived at was an entirely correct one.

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