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24 May 2013
Issue: 7561 / Categories: Case law , Law digest , In Court
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Insolvency

Darbyshire v Turpin and another [2013] EWHC 954 (Ch), [2013] All ER (D) 161 (May)

The respondents served a statutory demand on the appellant. The appellant’s application to set aside the statutory demand was dismissed (the order). The order failed to specify a date on or after which the respondents could present a petition for a bankruptcy order to be made against the appellant. The respondents presented their petition the following day. A district judge adjudged the appellant to be bankrupt upon the petition presented by the respondents. The appellant appealed against the judge’s bankruptcy order.

The appellant submitted among other things that there had been an absence of any order by the judge under r 6.5(6) of the Insolvency Rules 1986 in that the order failed to specify a date on or after which the respondents could present a petition, and that, once an application was made to set aside a statutory demand, the creditor could not then present a petition. Second, that the district judge had been wrong to proceed to a substantive determination of the

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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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