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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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