header-logo header-logo

13 January 2023 / Wilson Leung , Ryan Tang
Issue: 8008 / Categories: Features , Insolvency , Commercial
printer mail-detail

Unjust enrichment: what’s liquidated?

106305
Dusoruth v Orca: does the absence of a liquidated debt automatically lead to the annulment of a bankruptcy order? Wilson Leung & Ryan Tang examine the judgment
  • In the judgment in Dusoruth v Orca in September 2022, ICC Judge Mullen held that a claim in restitution for unjust enrichment (even if it can be precisely quantified) is not a claim for a ‘liquidated sum’ within the meaning of s 267(2) of the Insolvency Act 1986, and hence cannot form the basis of a bankruptcy petition.
  • However, the court also held that it had a discretion not to annul the bankruptcy order even if the petition debt was not for a liquidated sum. In exercising its discretion, the court would consider various factors such as the bankrupt’s conduct, the interests of other creditors, and whether the annulment would be for no good purpose (eg where the bankrupt was plainly insolvent anyway due to other debts).

In Re Dusoruth (a bankrupt) Dusoruth v Orca Finance UK Ltd (in liquidation) [2022]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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.

back-to-top-scroll