Acting on behalf of the appellant, Aidan Reay has succeeded on appeal to the High Court sitting in the Cardiff District Registry.
The first instance judge had dismissed a bankruptcy petition against a surety on the basis that the petition debt was secured by virtue of a retention of title clause in the contract between the petitioner and the principal. Following dismissal of the petition, Aidan was brought onto the case to settle the application for permission to appeal and to represent the petitioner at the appeal hearing.
His Honour Judge Jarman QC, sitting as a judge of the High Court, allowed the petitioner’s appeal and remitted the matter to the County Court on the basis that the judge at first instance had erred in law. The High Court accepted the appellant’s position that a retention of title clause in the principal’s contract with the petitioner is not security which must be declared in a statutory demand or a petition as it is not security over the property of the debtor within the meaning of s.383(2) of the Insolvency Act 1986.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
Episode 15 of the #Debrief podcast is now live! @NigelPooleQC talk to @DanielJHerman on the role of the solicitor… https://t.co/iKzvMsR4lN Kings Chambers 1 day, 1 hour ago..
Did you miss our employment seminar last Friday? Catch up now with Laura Gould, Anisa Niaz-Dickinson, and Rosie Kig… https://t.co/rfMxrLiWJi Kings Chambers 4 days ago..
@KCPlanningTeam Podcast Episode 6: Technology to the Rescue?
LISTEN NOW: https://t.co/IDRwMXd1m5
#podcast… https://t.co/eJRClE54XC Kings Chambers 4 days, 1 hour ago..
Louis Doyle QC looks at the impact of the pandemic on insolvency globally and the latest and pending developments i… https://t.co/Ir9gETGlkC Kings Chambers 1 week ago..
Constanze Bell acting for Doncaster Metropolitan Borough Council, successfully resisted an appeal against sentence… https://t.co/Uah19QqtgZ Kings Chambers 1 week, 1 day ago..
© Copyright 2020 Kings Chambers. All rights reserved.
Coronavirus (CoVID-19) Public Health England (PHE) recommendations – please view our important guidelines.
Continue using site