Official Receiver v Baker [2013] EWHC 4594 (Ch) (29 November 2013)

Official Receiver v Baker [2013] EWHC 4594 (Ch) (29 November 2013)

Section 310 of the Insolvency Act 1986 permits the making of an income payments order in respect of income received by the bankrupt after the bankruptcy order but before the IPO is made; the contrary interpretation would create an unjustified gap in the statutory scheme and is not supported by the legislative purpose or relevant authorities.

Citation
[2013] EWHC 4594 (Ch)
Parties
Claimant/respondent: Official Receiver; Defendant/appellant: Mr Baker
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Bankruptcy Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Income Payments Order, After Acquired Property, Statutory Interpretation
Insolvency Bankruptcy Income Payments Order After Acquired Property Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Official Receiver

Claimant/respondent

Mr Baker

Defendant/appellant

Procedural Posture

Bankruptcy Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether an income payments order (IPO) under section 310 of the Insolvency Act 1986 can be made in respect of income received by the bankrupt after the bankruptcy order but before the IPO is made.

Ratio Decidendi

Section 310 of the Insolvency Act 1986 permits the making of an income payments order in respect of income received by the bankrupt after the bankruptcy order but before the IPO is made; the contrary interpretation would create an unjustified gap in the statutory scheme and is not supported by the legislative purpose or relevant authorities.

Court Disposition

Appeal allowed

Orders

  • Decision of the deputy district judge set aside
  • Matter remitted for rehearing if necessary