Official Receiver v Baker

Official Receiver v Baker

Section 310 of the Insolvency Act 1986 permits the court to make an income payments order in respect of income received by the bankrupt after the bankruptcy order, even if received before the IPO is made; the deputy district judge's contrary interpretation is incorrect and leaves a lacuna in the statutory scheme.

Parties
Claimant/respondent: Official Receiver; Defendant/appellant: Baker
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Appeal / Judgment
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

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Parties

Official Receiver

Claimant/respondent

Baker

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

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

Ratio Decidendi

Section 310 of the Insolvency Act 1986 permits the court to make an income payments order in respect of income received by the bankrupt after the bankruptcy order, even if received before the IPO is made; the deputy district judge's contrary interpretation is incorrect and leaves a lacuna in the statutory scheme.

Court Disposition

Appeal allowed

Orders

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