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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 JUL 2013

R (on the application of Howard) v Official Receiver [2013] EWHC 1839 (Admin)

(Administrative Court, Stadlen J, 28 June 2013)

H obtained a debt relief order. The Official Receiver (OR) revoked it on the basis that H's surplus and disposable income materially exceeded the £50 threshold allowed. H sought judicial review of that decision, on the basis that as she was disabled within the meaning of the Equality Act 2010, the decision to revoke the DRO unlawful in that in taking it the OR failed to comply with the public sector equality duty set out in the 2010 Act. Stadlen J dismissed the application. In making the decision to revoke the DRO the OR was exercising a judicial function so that such a duty did not apply to the making of the decision. It was not necessary to consider the OR's alternative arguments that the requirements of the 2010 Act were substantially satisfied in reaching the decision, or that if the matter were to be remitted back, the decision-making function would not have been different or a different decision arrived at.

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