All your resources at your fingertips.Learn More
W was pursuing ancillary relief proceedings against H, her former husband. However, H made himself bankrupt on his own petition, asserting cash flow difficulties due to the failure of his company. W applied to annul the bankruptcy, alleging many of the debts were shams, and sought a transfer of the application to the Family Division. The registrar refused, and directed that application be heard in the usual way. However, at a case management conference in the family proceedings, the judge transferred the annulment application to the Family Division under CPR Part 3.1(7) and varied the directions. The Court of Appeal allowed the appeal. Any application to transfer an annulment application had to be made to a registrar, as it had been, or a judge of the Chancery Division. There had been no change of circumstances or material non-disclosure. The proper route to challenge the registrar's decision on the merits was by way of an appeal to a judge of the Chancery Division.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...