Debt case law - Rightsnet

22 November, 2023

Court of Session rules that a creditor was not obliged to seek proof of delivery of a debt claim in order to comply with Rule 18.2 of the Simple Procedure Rules

Cabot Financial (UK) Limited v Ryan Bell [2023] CSIH 43

9 October, 2023

Court of Appeal confirms that discretion to annul a bankruptcy order under section 282 of Insolvency Act is a general discretion having regard to all circumstances of case

Khan v Singh-Sall & Anor [2023] EWCA Civ 1119

10 August, 2023

Supreme Court rules that bankrupt couple did not have standing to challenge transactions by trustees in bankruptcy where relief sought would have no impact on their position in bankruptcy

Brake and another (Respondents) v Chedington Court Estate Ltd (Appellant) [2023] UKSC 29

12 April, 2023

High Court refuses to extend injunction preventing debtor from seeking repeat mental health crisis moratorium ruling that creditor did not have ‘interest that merits protection’

Kaye v Lees [2023] EWHC 758 (KB)

20 February, 2023

High Court considers what it means for a bankrupt to 'inform' their trustee in bankruptcy, or make them 'become aware', of an interest in a property within the meaning of section 283A of the Insolvency Act 1986

Mehers v Khilji [2023] EWHC 298 (Ch)

3 February, 2023

High Court cancels debtor’s mental health crisis moratorium and temporarily restrains her from seeking a further moratorium to allow creditor time to enforce judgment debt

Kaye v Lees (2023) EWHC 152 (KB)

17 January, 2023

Court of Appeal upholds decision refusing trustee in bankruptcy opportunity to argue justification of unlawful discrimination when case resumed in High Court following CJEU ruling on UK pension rights legislation

Wilson & Anor v McNamara [2023] EWCA Civ 20

21 December, 2022

High Court dismisses creditor’s applications to cancel debtor’s mental health crisis moratorium and enforce outstanding ‘subrogated debt’ by evicting debtor from property at the centre of the dispute

Kaye v Lees [2022] EWHC 3326 (KB)

9 December, 2022

High Court holds that an enforcement agent is the correct respondent in a dispute about fees charged to a debtor rather than the authorised High Court Enforcement Officer

Bone v Williamson [2022] EWHC 3158 (KB)

7 November, 2022

High Court grants creditor’s application to take enforcement action in respect of a debt included in a mental health crisis moratorium

Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch)

26 October, 2022

Court of Appeal rules that where a debt, having been incurred in fraud, persists beyond discharge of bankruptcy, then the debtor can be ordered to revoke 'enhanced protection' pension rights in order that payments can be made to creditors

Bacci & Ors v Green [2022] EWCA Civ 1393

24 August, 2022

High Court rejects debtor’s claim that bankruptcy petition should be dismissed as he is ‘able to pay his debts’, but agrees adjournment to give him time to realise assets

Commissioners for Her Majesty's Revenue and Custsoms v De Freitas [2022] EWHC 1946 (Ch)

17 August, 2022

High Court dismisses trustee in bankruptcy’s claims that debtor had transferred joint legal title of matrimonial home into wife’s sole name to put his beneficial interest beyond the reach of creditors

Hinton v Wotherspoon [2022] EWHC 2083 (Ch)

1 August, 2022

High Court holds that it was ‘fair and reasonable in all the circumstances of the case’ for the Financial Ombudsman to take into account events more than six years before complaint was made

Mortgage Agency Service Number Five Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2022] EWHC 1979 (Admin)

28 July, 2022

High Court holds that there is no test of ‘exceptional circumstances’ that fetters discretion provided under the Insolvency Act 1986 to annul a disputed bankruptcy

Khan v Singh-Sall & Anor [2022] EWHC 1913 (Ch)

16 May, 2022

High Court rules that eviction and sale of claimant’s leasehold home is ‘null and void’ as a result of enforcement action taken in breach of conditions under mental health crisis moratorium

Lees v Kaye [2022] EWHC 1151 (QB)

6 April, 2022

High Court considers whether trustee in bankruptcy’s late application for an order to suspend a debtor’s discharge from bankruptcy should be accepted

Allen v Mittal [2022] EWHC 762

16 February, 2022

High Court rules that legislation that protects pension rights of those made bankrupt in the UK unlawfully discriminated against a bankrupt who had rights under an Irish pension scheme

Wilson & Anor v McNamara & Ors [2022] EWHC 243 (Ch)

7 December, 2021

High Court rules that a bankruptcy applicant must fulfil the evidential burden to establish their inability to access pension pots at the date of the adjudicator’s determination of their application

Office of the Bankruptcy Adjudicator & Anor v Shaw [2021] EWHC 3140 (Ch)