Khan v Singh-Sall

Subject Matter

BANKRUPTCY — Order — Annulment — Court having discretion to annul bankruptcy order that ought not to have been made — Whether absent exceptional circumstances court obliged to exercise discretion — Whether if order annulled time deemed to have run for limitation purposes on creditor claims during bankruptcy period — Whether running of time factor to be taken into account on exercise of discretion — Insolvency Act 1986 (c 45), s 282(1)(a)

[2022] EWHC 1913 (Ch); [2022] Bus LR 1045; [2022] WLR(D) 341, Ch D

BANKRUPTCY — Order — Jurisdiction — Court making bankruptcy order despite petition debt being secured and disputed — Whether court lacking jurisdiction to make order — Whether absent exceptional circumstances court obliged to annul order that ought not to have been made — Insolvency Act 1986 (c 45), ss 267(2), 269(1), 282(1)(a)

[2023] EWCA Civ 1119; [2024] Bus LR 79; [2023] WLR(D) 406, CA

Appellate History