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Sands v Singh

13th October 2015

Sands v Singh [2015] EWHC 2219 (Ch.)

The trustees in bankruptcy of Tarlochan Singh applied for order of possession and sale of property; statute required that the application be “brought” within the three year period specified in section 283A(2) Insolvency Act 1982. The application notice was delivered and the relevant fee tendered to the court office within that period but the application was not issued until over a month later; in addition, the court office mistakenly refused to accept the cheque tendered by the trustees’ solicitors, but insisted that a lesser sum was due. Mr Singh  argued that the application was out of time.

Held: The trustees had applied in time and could not have done anything over and above what they did; proceedings were “brought” by delivery of the relevant papers to the court office  – Secretary of State for Trade and Industry v Vohora [2007] EWHC 2656 (Ch.) followed. CPR 23.5 was readily applicable to the provisions of s283A(3).

John de Waal QC acted for the trustees.

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