Durkan & Anor v Jones (Re Nicholas Mark Jones & Insolvency Act 1986) [2023] EWHC 1359 (Ch) (13 June 2023)

Durkan & Anor v Jones (Re Nicholas Mark Jones & Insolvency Act 1986) [2023] EWHC 1359 (Ch) (13 June 2023)

The debtor did not have a place of residence in England during the relevant period, but did carry on business as landlord of The Grange, thus satisfying s 265(2)(b)(ii) Insolvency Act 1986 and establishing jurisdiction for a bankruptcy order.

Citation
[2023] EWHC 1359 (Ch)
Parties
Petitioner: Michael Patrick Durkan (as Liquidator of Long Compton Project Limited); Petitioner: Long Compton Project Limited; Debtor: Nicholas Mark Jones
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Bankruptcy Petition / Judgment
Outcome
bankruptcy order granted
Legal Topics
Jurisdiction, Carrying on Business, Place of Residence
Insolvency Bankruptcy Jurisdiction Carrying on Business Place of Residence

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Parties

Michael Patrick Durkan (as Liquidator of Long Compton Project Limited)

Petitioner

Long Compton Project Limited

Petitioner

Nicholas Mark Jones

Debtor

Procedural Posture

Bankruptcy Petition / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a bankruptcy order against the debtor under s 265(2)(b) Insolvency Act 1986
  2. 2 Whether the debtor had a place of residence in the jurisdiction within the relevant period
  3. 3 Whether the debtor carried on business in the jurisdiction within the relevant period

Ratio Decidendi

The debtor did not have a place of residence in England during the relevant period, but did carry on business as landlord of The Grange, thus satisfying s 265(2)(b)(ii) Insolvency Act 1986 and establishing jurisdiction for a bankruptcy order.

Court Disposition

bankruptcy order granted

Orders

  • Bankruptcy order to be made against Nicholas Mark Jones