|| All ER (D) 18 (Jun)
Sir Andrew Morritt C
||Tiran Nersessian (instructed by the Treasury Solicitor) for the appellant.
||Hugh Derbyshire (instructed by Gregory Abrams Davidson, Liverpool) for the respondent.
||4 June 2008
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).
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.
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports