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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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