Home > Generation UK v SL Dower

Generation UK v SL Dower

15th February 2012

Michael Wheater appeared for the successful appellant before His Honour Judge Purle QC in an appeal that concerned the scope and the correct exercise of the Court’s discretion to adjourn bankruptcy petitions in circumstances in which there is a reasonable prospect of the petition debt being paid in full within a reasonable period of time (further to the principle set out in Re Gilmartin (A Bankrupt) [1989] 1 WLR 513 and Harrison v Seggar [2005] BPIR 583).

HHJ Purle found the Court below had erred in principle in granting an adjournment to enable the debtor to trade over the Christmas period with the hope that a realistic proposal to clear her debt, reasonably quickly after that, would emerge.

This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.

Contact

Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke.  However if you have any other queries about this content please contact:

Sally Wollaston
Sally Wollaston
Business Development and Marketing Director
Menu