Azuonye v Kent


Reference:
[2018] EWHC 2766 (Ch)

Date:
2nd October 2018

Court:
High Court

Facts:

The Appellant bankrupt appealed against an order of a District Judge that a subsequent bankruptcy did not affect his obligations to make payments under an income payments order (“IPO”) made pursuant to section 310 of the Insolvency Act 1986.

 


Judge:
Mrs Justice Falk

Comment:

Jon Colclough successfully argued that future payments under an IPO are not provable in a subsequent bankruptcy: (i) first as a matter of statutory construction of the insolvency legislation; and (ii) second, pursuant to the common law rule developed in Re Bradley-Hole (A Bankrupt) [1995] 1 WLR 1097, Cartwright v Cartwright [2002] EWCA Civ 931 and Booth v Mond [2010] EWHC 1576 (Ch).

 

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