| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 129 (Nov) |
| Neutral Citation: | [2011] EWCA Civ 1322 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Longmore, Rimer LJJ, and Warren J |
| Representation | Noel Dilworth (instructed by Davis & Co LLP) for the claimant. |
| Christopher Boardman (instructed by the Bar Pro Bono Unit) for the defendant. | |
| Judgment Dates: | 17 November 2011 |
Catchwords
Insolvency - Voluntary arrangement - Debt - Claimant advancing sums to defendants to invest in business - Business unsuccessful - First defendant entering into individual voluntary agreement (IVA) with creditors - Claimant subsequently issuing proceedings to recover sums advanced - Judge allowing claim for recovery of debt and for proceeds of sale of property - First defendant appealing - Whether open to judge to allow recover of debt subsequent to IVA.
The Case
Insolvency Voluntary arrangement. The Court of Appeal, Civil Division, held that the judge had erred in allowing a claim for a debt to be recovered after the defendant had entered into an individual voluntary agreement with his creditors.
Practice Areas
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