Azuonye v Kent
02 Oct 2018
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.
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)  1 WLR 1097, Cartwright v Cartwright  EWCA Civ 931 and Booth v Mond  EWHC 1576 (Ch).
View judgment here