Thomas & Anor (Joint Trustees In Bankruptcy of Stephen John Edmondson) v Edmondson [2014] EWHC 1494 (Ch) (12 May 2014)

Thomas & Anor (Joint Trustees In Bankruptcy of Stephen John Edmondson) v Edmondson [2014] EWHC 1494 (Ch) (12 May 2014)

The court retains jurisdiction to make an Income Payments Order under section 310 Insolvency Act 1986 even where an Income Payments Agreement under section 310A has previously been entered into. The statutory language does not make the regimes mutually exclusive, and any potential anomaly is addressed by the court's discretion in making such orders.

Citation
[2014] EWHC 1494 (Ch)
Parties
Appellant: Simon Robert Thomas; Appellant: Nicholas O'Reilly; Respondent: Stephen John Edmondson
Jurisdiction
England and Wales
Judgment Date
12 May 2014
Procedural Posture
Bankruptcy Appeal / Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Income Payments Order, Income Payments Agreement, Statutory Interpretation, Jurisdiction of Court Under Insolvency Act 1986
Insolvency Law Income Payments Order Income Payments Agreement Statutory Interpretation Jurisdiction of Court Under Insolvency Act 1986

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Parties

Simon Robert Thomas

Appellant

Nicholas O'Reilly

Appellant

Stephen John Edmondson

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the court has jurisdiction to make an Income Payments Order under section 310 Insolvency Act 1986 where an Income Payments Agreement under section 310A has already been entered into.
  2. 2 Whether sections 310 and 310A of the Insolvency Act 1986 are mutually exclusive.

Ratio Decidendi

The court retains jurisdiction to make an Income Payments Order under section 310 Insolvency Act 1986 even where an Income Payments Agreement under section 310A has previously been entered into. The statutory language does not make the regimes mutually exclusive, and any potential anomaly is addressed by the court's discretion in making such orders.

Court Disposition

Appeal allowed

Orders

  • District Judge's order set aside; court has jurisdiction to make an Income Payments Order notwithstanding a prior Income Payments Agreement.