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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

23 OCT 2012

Arif v (1) Zar (2) Rehan [2012] EWCA Civ 986

(Court of Appeal, Thorpe J, Rimer J and Patten J, 18 July 2012)

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.

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