Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 MAY 2013

Bramston v Haut [2012] EWCA Civ 1637; [2013] BPIR 25

(Court of Appeal, Rix, Arden and Kitchin LJJ, 14 December 2012)

H, applied for, and obtained, without notice an order under s 279 of the Act suspending his automatic discharge from bankruptcy so as to allow him to put a post-bankruptcy IVA proposal to his creditors. The trustee in bankruptcy, B, applied to set aside the order, on the basis that he had concerns as to the proposal. Arnold J dismissed the application. The Court of Appeal allowed the trustee's appeal. Section 279 of the Act was not the appropriate route. Had the debtor used the appropriate route, an interim order would not have been made as the nominee's report did not comply with the Act. There was no reason to interfere with the trustee's discretion; the proper test was that outlined in Osborn v Cole [1999] BPIR 251 and it was not appropriate to consider the trustee's acts by reference to a Wednesbury unreasonableness test.

To view the full text, please log in.

To receive a FREE 14 day online trial to Insolvency Law Online click here.

 

Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Subscribe to our newsletters