Debt case law - Rightsnet

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)

3 December, 2021

High Court orders sale of bankrupt’s family home having ruled that the trustees’ application for an order was correctly issued under the Insolvency Rules 2016

Gostelow & Anor v Hussain & Ors [2021] EWHC 3276 (Ch)

1 November, 2021

High Court rules that claimant’s application for compensation from the Official Receiver under section 304 of the Insolvency Act 1986 for a sale at an undervalue has merit

Walker v The Official Receiver [2021] EWHC 2868 (Ch)

29 September, 2021

Northern Ireland High Court rules that creditor’s statutory demand should be set aside as it failed to set out clear and accurate details of sum owed

May v Ulster Bank Ltd [2021] NICh 11

25 August, 2021

High Court rejects creditor’s application to cancel breathing space mental health moratorium made on grounds that it ‘unfairly prejudiced’ their interests

Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (Rev1) [2021] EWHC 2308

2 August, 2021

High Court considers whether waiver has occurred where a party ignores irregular service and allows bankruptcy proceedings to continue

Sands v Dyer & Ors [2021] EWHC 2124 (Ch)

2 August, 2021

High Court considers whether respondent in bankruptcy proceedings had established a change of position, and whether this was a relevant factor in the court’s determination to grant no relief

Bucknall & Anor v Wilson [2021] EWHC 2149 (Ch)

28 June, 2021

Court of Appeal considers whether a ‘reconstitution’ of a default notice is sufficient for a creditor to establish that it complied with the statutory requirements when serving it

Goodinson v PRA Group (UK) Ltd [2021] EWCA Civ 957

29 March, 2021

High Court of Northern Ireland considers whether mortgagee must add the Crown to proceedings before claiming possession of a property that was held and then disclaimed by trustee in bankruptcy

Curry v HSBC Bank Plc [2021] NICh 1

22 March, 2021

High Court considers whether proper consideration was given to an adjournment before making a bankruptcy order

Ndyabahika v Hitachi Capital UK Plc [2021] EWHC 633 (Ch)