Source: All England Reporter
Publisher Citation: [2002] All ER (D) 12 (Nov)
Court: Chancery Division
Judge:

John Jarvis QC sitting as a deputy judge of the High Court

Representation The debtors appeared in person.
  Hugh Jolly for the petitioning creditor.
Judgment Dates: 31 October 2002

Catchwords

Companies - Insolvency - Voluntary arrangement - Creditor seeking to avoid arrangement - Proposed arrangement 'serious and viable' - Insolvency Act 1984, s 252.

The Case

On an appeal against a decision by the district judge that the debtors' proposal for a voluntary arrangement was not serious and viable, the court held that the approach of the district judge had been wrong in principle in that he had taken account of irrelevant considerations, and that the proposal was in fact both serious and viable. Accordingly, the appeal would be allowed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.