The Law Reports (Chancery Division)
[1988] Ch 457
[CHANCERY DIVISION]
In re SMITH (A BANKRUPT), Ex parte BRAINTREE DISTRICT COUNCIL
BRAINTREE DISTRICT COUNCIL v. THE BANKRUPT AND ANOTHER
[No. 14 of 1987]
1987 Nov. 23,
24,
25;
Dec. 10
Dec. 10
Warner J.
Bankruptcy
— Jurisdiction
— Stay of committal proceedings
— Non-payment of rates
— Warrant of commitment postponed on condition
— Non-compliance with condition
— Debtor made bankrupt
— Debtor's application to bankruptcy court for stay of committal proceedings
— Jurisdiction to stay “any action, execution or other legal process”
— Whether exercisable In relation to committal order for non-payment of rates
— Whether order punitive
—
General Rate Act 1967 (c. 9), ss. 102, 103 (1) (as amended by Local Government, Planning and Land Act 1980 (c. 65), s. 39)[1]
—
Insolvency Act 1986 (c. 45), s. 285 (1)[2]