The Chancery Division dismissed the appellant debtor's appeal against the judge's order to refuse his application to set aside permission to serve a bankruptcy petition out of jurisdiction, which had been granted to the respondent creditor, ex parte, by a previous judge. The creditor had relied on s 265(2)(b)(i) of the Insolvency Act 1986 as grounds of jurisdiction to serve a creditor's bankruptcy petition, contending that, at a time within the three years prior to the petition, the debtor had had a place of residence in England and Wales. The debtor had argued that the judge had applied the incorrect test and criteria in upholding permission to serve out of jurisdiction on that ground. The court held...
Downloads
R3 members can provide advice on a range of business and personal finance issues. To find an R3 member who can help you, click below.