Source: All England Reporter
Publisher Citation: [2016] All ER (D) 76 (Nov)
Neutral Citation: [2016] EWHC 2791 (Ch)
Court: Chancery Division
Judge:

Warren J

Representation James Couser (instructed by Boyes Turner LLP) for H.
  C did not appear and was not represented.
Judgment Dates: 8 November 2016

Catchwords

Bankruptcy - Disclosure orders - Committal - Trustee in bankruptcy of respondent applying for court for committal of respondent for breach of financial disclosure orders - Whether application should be heard in respondent's absence - Extent to which respondent's wider failure to cooperate with trustee in bankruptcy falling to be considered on committal application - Whether application should be granted.

The Case

Bankruptcy Disclosure orders. The Chancery Division granted the trustee in bankruptcy's application for the committal of the respondent bankrupt for breach of financial disclosure orders. The court held that, on the facts, it could take the exceptional court of hearing the application in the respondent's absence, and that the allegations of contempt had been established to the extent indicated. The application in respect of sentence was adjourned.

Practice Areas

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