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England and Wales decisions
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The High Court annulled a bankruptcy order after finding no change of domicile to Austria, but held the order ought not to have been made as a matter of discretion.
Nilsson & Anor v Jones [2026] EWHC 319 (Ch) (17 February 2026)
The High Court rejected a challenge to an adjudicator-made bankruptcy order based on alleged Austrian domicile, but annulled the order on discretionary grounds.
The petition debt was never due from the applicant; HMRC acted unreasonably and ultra vires in pursuing the bankruptcy petition and order. The bankruptcy order was not properly made. Each party should bear its own costs of the petition and annulment application. HMRC must pay the Official Receiver’s and Trustees’ costs and expenses of the bankruptcy, as these would not have been incurred but for HMRC’s errors.
Source excerpt
Hurst v Green & Ors [2022] EWHC 2895 (Ch) (15 November 2022)
The High Court refused Mr Hurst permission to reopen earlier insolvency and trust decisions and extended the ECRO against him for two years.
The High Court refused Mr Hurst permission to make further insolvency-related applications and extended an existing Extended Civil Restraint Order for two years.
Hurst v Green & Ors [2021] EWHC 1767 (Ch) (28 May 2021)
The High Court dismissed a third application to annul a bankruptcy order, holding that the claim re-litigated issues already decided and was an abuse of process.
The High Court dismissed an application to annul a bankruptcy order, finding no credible evidence of collusion, no solvency at the date of the order, and jurisdiction was proper.
Green & Ors v Hurst [2020] EWHC 937 (Ch) (21 April 2020)
The High Court refused permission to bring contempt proceedings over alleged false witness statements, finding no strong prima facie case and no public interest or proportionality.
The High Court refused permission to bring committal proceedings over alleged false witness statements, finding no strong prima facie case and no public interest justification.
The High Court dismissed an appeal against refusal to go behind a judgment debt and annul a bankruptcy, holding the new evidence did not make actual undue influence arguable.
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