Edwards v Aurora Leasing Ltd & Anor [2021] EWHC 96 (Ch) (20 January 2021)

Edwards v Aurora Leasing Ltd & Anor [2021] EWHC 96 (Ch) (20 January 2021)

Payments made by the bankrupt to Aurora Leasing Limited and Howard de Walden Estates Limited were received for value, in good faith, and without notice of the bankruptcy petition; therefore, the statutory defence under section 284(4)(a) applies and the payments are not void.

Citation
[2021] EWHC 96 (Ch)
Parties
Applicant: Darren Edwards; Third Respondent: Aurora Leasing Limited; Sixth Respondent: Howard de Walden Estates Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Bankruptcy Application Under Insolvency Act 1986 / Judgment on Application Against Third and Sixth Respondents
Outcome
Application dismissed as against Aurora Leasing Limited and Howard de Walden Estates Limited
Legal Topics
Void Dispositions, Section 284 Insolvency Act 1986, Good Faith Defence, Value Requirement, Trustee in Bankruptcy, Commercial Transactions
Insolvency Bankruptcy Void Dispositions Section 284 Insolvency Act 1986 Good Faith Defence Value Requirement Trustee in Bankruptcy Commercial Transactions

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Parties

Darren Edwards

Applicant

Aurora Leasing Limited

Third Respondent

Howard de Walden Estates Limited

Sixth Respondent

Procedural Posture

Bankruptcy Application Under Insolvency Act 1986 / Judgment on Application Against Third and Sixth Respondents

Legal Issues

  1. 1 Whether payments made by the bankrupt to Aurora Leasing Limited and Howard de Walden Estates Limited are void under section 284 of the Insolvency Act 1986
  2. 2 Whether the respondents received payments for value, in good faith, and without notice of the bankruptcy petition, thus qualifying for the statutory defence

Ratio Decidendi

Payments made by the bankrupt to Aurora Leasing Limited and Howard de Walden Estates Limited were received for value, in good faith, and without notice of the bankruptcy petition; therefore, the statutory defence under section 284(4)(a) applies and the payments are not void.

Court Disposition

Application dismissed as against Aurora Leasing Limited and Howard de Walden Estates Limited

Orders

  • Application under section 284 of the Insolvency Act 1986 dismissed against third and sixth respondents