Barker v Baxendale-Walker [2018] EWHC 2518 (Ch) (01 August 2018)

Barker v Baxendale-Walker [2018] EWHC 2518 (Ch) (01 August 2018)

The court has jurisdiction under section 363 of the Insolvency Act 1986, or alternatively its inherent jurisdiction, to appoint Mr Leeds and Mr Hellard as joint trustees in bankruptcy in place of the Official Receiver, given the urgency, risk of asset dissipation, prior knowledge of the estate, and lack of substantive opposition.

Citation
[2018] EWHC 2518 (Ch)
Parties
Petitioner/applicant: Iain Paul Barker; Bankrupt/respondent: Paul Baxendale-Walker; Creditor: HMRC; Interested Parties: Burleigh House (PTC) Limited and Trustees of the Baxendale Walker MDP Trust
Jurisdiction
England and Wales
Judgment Date
01 August 2018
Procedural Posture
Insolvency (bankruptcy) / Application to Vary Bankruptcy Order and Appoint Joint Trustees in Bankruptcy
Outcome
Application granted; permission to appeal refused.
Legal Topics
Appointment of Trustees in Bankruptcy, Court's Inherent Jurisdiction, Variation of Bankruptcy Order, Control of Bankruptcy Process
Insolvency Bankruptcy Appointment of Trustees in Bankruptcy Court's Inherent Jurisdiction Variation of Bankruptcy Order Control of Bankruptcy Process

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Parties

Iain Paul Barker

Petitioner/applicant

Paul Baxendale-Walker

Bankrupt/respondent

HMRC

Creditor

Burleigh House (PTC) Limited and Trustees of the Baxendale Walker MDP Trust

Interested Parties

Procedural Posture

Insolvency (bankruptcy) / Application to Vary Bankruptcy Order and Appoint Joint Trustees in Bankruptcy

Legal Issues

  1. 1 Whether the court has jurisdiction to appoint interim receivers as joint trustees in bankruptcy after the Official Receiver's appointment
  2. 2 Whether the bankruptcy order should be varied to appoint Mr Leeds and Mr Hellard as joint trustees
  3. 3 Whether an adjournment should be granted to allow new creditors to put in evidence

Ratio Decidendi

The court has jurisdiction under section 363 of the Insolvency Act 1986, or alternatively its inherent jurisdiction, to appoint Mr Leeds and Mr Hellard as joint trustees in bankruptcy in place of the Official Receiver, given the urgency, risk of asset dissipation, prior knowledge of the estate, and lack of substantive opposition.

Court Disposition

Application granted; permission to appeal refused.

Orders

  • Bankruptcy order varied to appoint Mr Leeds and Mr Hellard as joint trustees in bankruptcy in place of the Official Receiver, effective immediately.
  • Abridgment of time for service of the application granted.