Woolsey v Payne

Woolsey v Payne

The appeals fail because, even applying the legal interpretations advanced by the appellant, there are substantial disputes of fact regarding the purpose of the loan agreement and whether it was made in the course of business, which cannot be resolved on a summary basis and require trial.

Source-derived case information.

Parties
Appellant: Nigel Stretton Woolsey; Respondent: Russell Payne; Respondent: Katie Susan Payne
Jurisdiction
England and Wales
Judgment Date
28 April 2015
Procedural Posture
Insolvency Appeal / Judgment on Appeal
Outcome
appeals dismissed
Legal Topics
Statutory Demand, Bankruptcy Annulment, Regulated Agreements, Non Commercial Agreements, Burden of Proof, Business Purpose Exemption
Insolvency Consumer Credit Statutory Demand Bankruptcy Annulment Regulated Agreements Non Commercial Agreements Burden of Proof Business Purpose Exemption

Source-derived case record

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Parties

Nigel Stretton Woolsey

Appellant

Russell Payne

Respondent

Katie Susan Payne

Respondent

Procedural Posture

Insolvency Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the correct test for annulment of a bankruptcy order under section 282(1)(a) of the Insolvency Act 1986?
  2. 2 Does the loan agreement fall within the business purpose exemption under section 16B of the Consumer Credit Act 1974?
  3. 3 Is the loan agreement a non-commercial agreement under section 74(1)(a) of the Consumer Credit Act 1974?

Ratio Decidendi

The appeals fail because, even applying the legal interpretations advanced by the appellant, there are substantial disputes of fact regarding the purpose of the loan agreement and whether it was made in the course of business, which cannot be resolved on a summary basis and require trial.

Court Disposition

appeals dismissed

Orders

  • Counsel invited to agree an order to give effect to the judgment