Azuonye v Kent

Reference

[2018] EWHC 2766 (Ch)

Date

02 Oct 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.

 

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).

 

View judgment here

Contributors

Jon Colclough

Practice Areas

Insolvency