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27 October 2017
Issue: 7767 / Categories: Case law , Law digest , In Court
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Bankruptcy

Yang v Official Receiver and others [2017] EWCA Civ 1465, [2017] All ER (D) 65 (Oct)

The subsequent setting aside of council tax liability orders was not a ground for the annulment of a bankruptcy order made in respect of the appellant. So ruled the Court of Appeal, Civil Division, in dismissing the applicant’s appeal against a judge’s order upholding a district judge’s decision by which he had dismissed her application to annul a bankruptcy order.

That order had been made on a petition by the second respondent local authority. The appellant had argued that the bankruptcy order should be annulled because, while the liability orders had been extant at the time of the bankruptcy order, they had subsequently been set aside. The Court of Appeal held, among other things, that the lower courts had correctly concluded that the statutory demand relating to the liability orders had properly been served.

Further, the court ruled that a bankruptcy court should not go behind liability orders, except in the event of fraud or some miscarriage of justice and held that, since

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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