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20 April 2007
Issue: 7269 / Categories: Case law , Law digest
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Insolvency

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Hickling v Baker [2007] EWCA Civ 287, [2007] All ER (D) 51 (Apr)

The Court considered s 364 of the Insolvency Act 1986 (power of arrest), holding:

(i) arrest under an order made under s 364 can be justified under Art 5(1)(b) of the Convention;

(ii) Art 5 does not require that notice of an application for such an order be given to the person to be arrested in all cases;

(iii) if the application is made without notice, the evidence in support of the application must make it clear why this is said to be justified as an exception to the normal rule;

(iv) if the order is made on an application without notice, it is necessary that the order should provide that the person be brought before the court at an early opportunity after his arrest;

(v) the order does not have to specify any particular obligation whose fulfilment is intended to be secured; (vi) it is doubtful whether the withholding of evidence could ever be justified on an application under s 364.

 

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