Sands v Layne & Anor

Section 375(1) does not empower the High Court to review or rescind its own appellate order; the applicant trustee lacks standing to bring the application; interests of unsecured creditors are protected by statutory remedies and do not require intervention in the bilateral dispute between debtor and petitioning creditor.

Parties: Applicant: Mark Robin Sands; First Respondent: Carlos Layne; Second Respondent: Wycombe District Council
Jurisdiction: England and Wales
Judgment Date: 12 November 2014
Procedural Posture: Application to Rescind Consent Order in Bankruptcy Proceedings / Judgment on Application
Outcome: Application dismissed
Legal Topics: Rescission of Bankruptcy Order, Trustee Standing, Section 375 Insolvency Act, Unsecured Creditors' Interests

Insolvency Bankruptcy Rescission of Bankruptcy Order Trustee Standing Section 375 Insolvency Act Unsecured Creditors' Interests

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Parties

Mark Robin Sands

Applicant

Carlos Layne

First Respondent

Wycombe District Council

Second Respondent

Procedural Posture

Application to Rescind Consent Order in Bankruptcy Proceedings / Judgment on Application

Legal Issues

1 Whether section 375(1) of the Insolvency Act empowers review of a High Court appellate order
2 Whether interests of unsecured creditors are relevant to rescission of bankruptcy order
3 Whether trustee has standing to apply for rescission

Ratio Decidendi

Court Disposition

Application dismissed