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16 June 2011
Issue: 7470 / Categories: Case law , Law digest
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Divorce—Bankruptcy

Mekarska v Ruiz and another [2011] EWHC 913 (Fam), [2011] All ER (D) 14 (Jun)

It was settled law that a court had to consider whether, on any grounds that had existed at the time that the order was made, that order ought not to have been made. A court might annul a bankruptcy order if it concluded that, on the date of that order, the bankrupt had been able to pay his debts. It would not normally be right to annul a bankruptcy order unless, at least, it was shown that as at the date of the order the debtor was in fact able to pay his debts, or had some tangible and immediate prospect of being able to do so which had since been fulfilled or would so have been but for the order itself.

A wife’s home rights endured until they were brought to an end by an order of the court, whether in the divorce proceedings or by an order in the bankruptcy proceedings under s 335A or s 336(2)(b) of the Insolvency Act 1986.

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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