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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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INSOLVENCY

Halabi v Camden London Borough Council [2008] All ER (D) 213 (Feb)

The issue to be determined was whether “paid”, under s 282(1)(b) of the Insolvency Act 1986, includes the provision of security for a debt.

HELD The wording of s 282 makes it clear that, in order for the court to exercise its discretion to order annulment, the bankruptcy debts and expenses must have been paid; the qualification “to the satisfaction of the court” governs the giving of security. If the court makes an order for annulment, it has the power to specify that the order should not take effect until a later date.

However, it is an order in the meantime; its operation being suspended until the conditions specified by the court have been satisfied. The conditions which will normally be required to be satisfied are that the receiver must have notified the court that debts in the sum specified in the bankruptcy order have been paid, and that there is security in relation to any other unproven sums.

 
 

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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