Howell v Hughes & Ors

Howell v Hughes & Ors

The circumstances do not justify a stay of the bankruptcy order. The prospects of success on appeal are not strong, risk to creditors is real, and there is insufficient evidence of permanent harm to the applicant's business. The balance of interests favours refusing the stay and confidentiality orders.

Parties
Applicant: Mark Howell; Respondents: Hughes & Others
Jurisdiction
England and Wales
Judgment Date
05 April 2019
Procedural Posture
Bankruptcy / Interim Application for Stay of Bankruptcy Order
Outcome
Application for stay of bankruptcy order and confidentiality obligation dismissed.
Legal Topics
Stay of Bankruptcy Order, Annulment or Rescission of Bankruptcy, Disclosure Obligations, Creditor Protection
Insolvency Bankruptcy Stay of Bankruptcy Order Annulment or Rescission of Bankruptcy Disclosure Obligations Creditor Protection

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Parties

Mark Howell

Applicant

Hughes & Others

Respondents

Procedural Posture

Bankruptcy / Interim Application for Stay of Bankruptcy Order

Legal Issues

  1. 1 Whether a stay of the bankruptcy order should be granted pending appeal
  2. 2 Whether notification or publication of the bankruptcy order should be stayed
  3. 3 Whether confidentiality obligations should be imposed regarding the petition

Ratio Decidendi

The circumstances do not justify a stay of the bankruptcy order. The prospects of success on appeal are not strong, risk to creditors is real, and there is insufficient evidence of permanent harm to the applicant's business. The balance of interests favours refusing the stay and confidentiality orders.

Court Disposition

Application for stay of bankruptcy order and confidentiality obligation dismissed.

Orders

  • Application for stay of bankruptcy order dismissed.
  • Application for confidentiality obligation dismissed.