London Borough of Tower Hamlets v Naris

London Borough of Tower Hamlets v Naris

There was no miscarriage of justice. The respondent admitted liability for debts exceeding the bankruptcy threshold, the liability orders were properly made and served, and the statutory requirements for enforceability were met. The respondent's arguments regarding non-occupation and improper service were not credible or substantiated. The bankruptcy petition is granted.

Parties
Petitioner: London Borough of Tower Hamlets; Respondent: Derek Naris
Jurisdiction
England and Wales
Judgment Date
27 March 2019
Procedural Posture
Bankruptcy Petition / Judgment on Opposed Bankruptcy Petition
Outcome
Bankruptcy order made against respondent
Legal Topics
Bankruptcy Petition, Liability Orders, Non Domestic Rates, Council Tax, Service of Process, Miscarriage of Justice, Appeals, Human Rights Fair Trial
Insolvency Bankruptcy Local Government Law Bankruptcy Petition Liability Orders Non Domestic Rates Council Tax Service of Process +3 more

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Parties

London Borough of Tower Hamlets

Petitioner

Derek Naris

Respondent

Procedural Posture

Bankruptcy Petition / Judgment on Opposed Bankruptcy Petition

Legal Issues

  1. 1 Whether there was a miscarriage of justice sufficient to prevent a bankruptcy order based on liability orders
  2. 2 Whether the liability orders were properly served and enforceable
  3. 3 Whether the respondent was liable for the debts in question

Ratio Decidendi

There was no miscarriage of justice. The respondent admitted liability for debts exceeding the bankruptcy threshold, the liability orders were properly made and served, and the statutory requirements for enforceability were met. The respondent's arguments regarding non-occupation and improper service were not credible or substantiated. The bankruptcy petition is granted.

Court Disposition

Bankruptcy order made against respondent

Orders

  • Petition is true and debts have not been paid, secured or compounded for. Bankruptcy order granted.