Tag Archives: bankruptcy

ARFAN KHAN LEADS IMPORTANT APPEAL CONCERNING WHETHER A BANKRUPTCY ORDER IS A NULLITY

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ARFAN KHAN LEADS IMPORTANT APPEAL CONCERNING WHETHER A BANKRUPTCY ORDER IS A NULLITY

Arfan Khan led Mr. Wojciech Nicholas Andrew Zalewski in an appeal, instructed by Ardens Solicitors.

The appeal was heard by Mr. Justice Zacaroli, who considered whether a bankruptcy order was a nullity under the Breathing Space Moratorium and Mental Health Crisis Moratorium England and Wales Regulations 2020 (the Regulations).

Mr. Justice Zacaroli (now Lord Justice Zacaroli) granted permission to appeal on a point of general public importance. However, he dismissed the appeal, holding that a bankruptcy order was not a nullity under the Regulations. In doing so, Mr Justice Zacaroli provided significant guidance on the scope and interpretation of the Regulations and section 282(1) of the Insolvency Act 1986.

The decision has far-reaching implications for debtors who have been presented with a bankruptcy petition but have been granted a statutory moratorium.

The judgment can be accessed through the following link.

Carter v Davies Judgment Zacaroli J

Diana Loson appeals to the Supreme Court

Bankruptcy, Bankruptcy appeal, Chancery Litigation, Commercial and Chancery, Court of Appeal, CPR, Diana Loson, Judgment debt variation, Supreme Court, , , , ,

Diana Loson appeals Court of Appeal judgment to the United Kingdom Supreme Court

Loson v Brett Stack & Anor [2018] EWCA Civ 803; Times, April 26, 2018  

On 26/8/2016, the Court of Appeal granted Mrs Diana Loson permission to appeal on a second appeal.

On 17/4/2018, the Court of Appeal determined the appeal. It provided guidance on the correct test to vary a judgment debt under CPR r 40.9A.

The Court of Appeal rejected the contention that the test to vary a judgment debt under CPR r 40.9A is one of exceptional circumstances.

The Court of Appeal, however, provided further guidance to the Courts on the circumstances in which a creditor can enforce a judgment debt, and a debtor is entitled to payments by instalments.

On the basis of this guidance, the Court of Appeal set aside the order made by the learned District Judge.

On 2 May 2018, Mrs Diana Loson filed a petition with the United Kingdom Supreme Court, seeking leave to appeal against the Court of Appeal’s guidance. A decision is now pending.

Arfan Khan was instructed throughout the Court of Appeal proceedings, and is now instructed on appeal to the Supreme Court. He did not appear in the proceedings below.

The decision of the Court of Appeal can be accessed here:

http://www.bailii.org/ew/cases/EWCA/Civ/2018/803.html

State Immunity
Court of Appeal