Publisher Citation: [2008] All ER (D) 18 (Jun)
Court: Chancery Division
Judge:

Sir Andrew Morritt C

Representation Tiran Nersessian (instructed by the Treasury Solicitor) for the appellant.
  Hugh Derbyshire (instructed by Gregory Abrams Davidson, Liverpool) for the respondent.
Judgment Dates: 4 June 2008

Catchwords

Insolvency - Bankruptcy - Bankruptcy restrictions order - Bankrupt failing to cooperate with official receiver - Court making nine-year bankruptcy restrictions order against respondent - Conduct giving rise to order including raising of charge against property in favour of cousin - Court subsequently learning that order made under mistaken assumption as to effect of charge - Whether court should review earlier decision - ss 284, 340, 375, Sch 4A, paras 2(1), 2(2)(d).

The Case

Where the court had allowed the official receiver's appeal and extended the period of a bankruptcy restrictions order to one of nine years (see ), it was invited to revisit its decision under the jurisdiction conferred by s375 of the on the basis that the court and the parties had proceeded upon an incorrect assumption as to the effect of a charge raised against property in favour of a third party. The court exercised the jurisdiction and concluded that the erroneous assumption as to the effect of the charge did not affect the validity of the decision.

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