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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.
The court found that HMRC took all reasonable steps to serve the statutory demand and petition, and that Ms Sriram was properly served. However, Ms Sriram lacked capacity to participate in the proceedings at all material times. Despite this, the court exercised its discretion not to annul the bankruptcy order due to Ms Sriram's lack of cooperation, the opacity of her affairs, delay in making the application, and the risk of prejudice to creditors.
Source excerpt
Lambert v Forest of Dean District Council & Ors [2019] EWHC 1763 (Ch) (08 July 2019)
Second application to annul a bankruptcy order was dismissed as an abuse of process. The court also held that, even if service was defective, the debt remained due and annulment was refused.
Wicks v Russell & Anor [2008] EWHC 2713 (Ch) (07 November 2008)
The High Court held that a petitioner lacked standing to seek an insolvency administration order based on post-death funeral and administration expenses, but declined to annul the order.
Owo-Samson v Barclays Bank Plc & Anor [2003] EWCA Civ 714 (21 May 2003)
Second appeal in bankruptcy proceedings over whether a debt was fully secured and whether the bankruptcy order should be annulled. The Court of Appeal remitted the matter for redetermination.
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