Insolvency & Restructuring Team success in the Court of Appeal, acting for a former Trustee in Bankruptcy

The Leathes Prior Insolvency Department recently represented a local Insolvency Practitioner in his response to a second appeal to the Court of Appeal, made by a former bankrupt. The appeal was in relation to a claim the former bankrupt had brought against the Insolvency Practitioner who was once the bankrupt’s Trustee in Bankruptcy.

Lord Justice Laws and Mr Justice Mann held in our client’s favour, refusing permission to appeal.

The case addressed matters such as:

• The appropriate test to be applied to an application by a bankrupt under Section 304 Insolvency Act 1986; • Issues relating to limitation on an application pursuant to Section 304 Insolvency Act 1986; • The manner in which a claim would be conducted by a bankrupt being an appropriate consideration in an application under Section 304 Insolvency Act 1986; • The way in which Ladd v Marshall [1954] 1 WLR 1489 is applied in relation to adducing fresh evidence on appeal.