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"This is the ultimate statement of where the law on IVAs is to be found in our great common law system"
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"This is the ultimate statement of where the law on IVAs is to be found in our great common law system. There is nothing more authoritative. This Jordans loose leaf reference work is a binder which practitioners and the judiciary will place most reliance on ... 'Individual Voluntary Arrangements' from Jordans is a world leader for personal insolvency matters ..."Click here for the full review
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This update looks at two cases that seek to deal with important questions to which, to date, there has been no outright answer:
(1) What is the impact on an apparently approved IVA if the debtor lacked
mental capacity at the time of the proposal?
(2) After a court has determined that an IVA was approved on the basis of a material irregularity, how should it proceed to exercise its discretion as regards the granting of a remedy (if at all)?
In (1) Fehily (2) Fehily v (1) Atkinson (2) Mummery  EWHC 3069 (Ch), BPIR Issue 1, Stephen Jourdan QC had to deal with the issue as to whether the debtor had the appropriate mental capacity to propose an IVA and what was the effect upon the approved IVA if debtor lacked mental capacity,in particular whether the approved IVA was void or voidable. The decision in Fehily is referred to at A1[80A] and A9 .
The approach of the court as to the exercise of its discretion as to remedy after a finding of material irregularity was considered by Warren J in Golstein v (1) Bishop (2) Barnett  EWHC 2187 (Ch),  EWHC 2804 (Ch),  BPIR Issue 1. The decision in Golstein is referred to at A13 .
This update also contains a destination table for the personal insolvency parts of the new Insolvency Rules 2016. The prescribed forms in Part B (B7–B37A) have been removed in this update since they are to be abolished in the new Rules.
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