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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 MAY 2012

Sandhu v Sidhu [2011] EWHC 3675 (Ch); [2012] BPIR 456

(Chancery Division, Vos J, 19 May 2011)

A judgment creditor sought a charging order. Registrar Derrett adjourned the hearing of an application to make a final charging order when it appeared that bankruptcy proceedings were imminent against the judgment debtor. By the time of the adjourned hearing, the bankruptcy petition had been presented, so Mr Registrar Nicholls adjourned the application further. The judgment creditor appealed against both decisions. Vos J refused permission to appeal on each. The decisions to adjourn had been adjourned on the application of proper principles, taking into account the interests of the judgment creditor, the judgment debtor and third parties. It would be unjust to allow the judgment creditor to obtain an advantage by making the charging order final.

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