Darbyshire v Turpin & Anor
The District Judge erred by summarily making a bankruptcy order without giving Mr Darbyshire the opportunity to substantiate his cross-claims by evidence; the matter should have been adjourned for directions and a substantive hearing.
- Parties
- Appellant: Gareth Darbyshire; Respondent: Philip Turpin; Respondent: Peter Phillips
- Jurisdiction
- England and Wales
- Judgment Date
- 01 March 2013
- Procedural Posture
- Bankruptcy Appeal / Appeal From Bankruptcy Order
- Outcome
- appeal allowed
- Legal Topics
- Statutory Demand, Cross Claims, Set Off, Adjournment, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Gareth Darbyshire
Appellant
Philip Turpin
Respondent
Peter Phillips
Respondent
Procedural Posture
Bankruptcy Appeal / Appeal From Bankruptcy Order
Legal Issues
- 1 Whether the District Judge erred in making a bankruptcy order without directions for evidence on cross-claims
- 2 Whether Rule 6.5(6) of the Insolvency Rules precluded the petition
- 3 Whether the appellant was entitled to an adjournment to pay the debt
Ratio Decidendi
The District Judge erred by summarily making a bankruptcy order without giving Mr Darbyshire the opportunity to substantiate his cross-claims by evidence; the matter should have been adjourned for directions and a substantive hearing.
Court Disposition
appeal allowed
Orders
- Matter remitted to Manchester County Court for directions for filing of evidence and a substantive hearing of the petition.
Full Case Text
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