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18 May 2007
Issue: 7273 / Categories: Case law , Law digest
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Insolvency

R (Balding) v Secretary of State for Work and Pensions [2007] EWHC 759 (Admin), [2007] All ER (D) 27 (Apr)

Liability to repay overpaid social security benefit occurring prior to a bankruptcy is a bankruptcy debt under s 382 of the Insolvency Act 1986 (IA 1986). As s 281 IA 1986 releases a bankrupt from “all bankruptcy debts”, it follows that discharge from bankruptcy releases him from  liability for recovery of the overpaid benefit.

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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