Azuonye v Kent

[2018] EWHC 2766 (Ch)

2nd October 2018

High Court


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.


Mrs Justice Falk


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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