In re Leech v [2004] JLR 303 (09 August 2004)

The court approved the proposed variation of the usual procedure because it was in the interests of creditors and all major parties were in agreement, particularly in a large-scale, expensive case.

Citation: [2004] JLR 303
Parties: Debtor: Leech; Officer of the Court: Viscount; Creditor: major creditor; Trustee: trustee
Jurisdiction: Jersey
Judgment Date: 09 August 2004
Procedural Posture: Bankruptcy (desastre) / Application for Approval of Varied Procedure
Outcome: application granted
Legal Topics: Desastre Procedure, Cost Saving Measures, Variation of Standard Process

Bankruptcy Insolvency Desastre Procedure Cost Saving Measures Variation of Standard Process

Case Brief

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Parties

Leech

Debtor

Viscount

Officer of the Court

major creditor

Creditor

trustee

Trustee

Procedural Posture

Bankruptcy (desastre) / Application for Approval of Varied Procedure

Legal Issues

1 Whether the court may approve a variation of the usual bankruptcy (desastre) procedure to save costs in a large-scale, expensive case funded by a major creditor

Ratio Decidendi

The court approved the proposed variation of the usual procedure because it was in the interests of creditors and all major parties were in agreement, particularly in a large-scale, expensive case.

Court Disposition

application granted

Orders

Proposals to vary the usual bankruptcy (desastre) procedure approved in order to save costs.