Success for Mairi Innes – Re: Jakir Hussain (Appeal)
Re: Jakir Hussain [2021] EWHC 3276 (Ch)
On 2 December 2021, Peter Knox QC sitting as a Deputy High Court Judge allowed an appeal against the dismissal of an application for possession and sale of a bankrupt’s home.
Mairi Innes acted for the successful trustees in bankruptcy, instructed by Phil Smith of Boyes Turner LLP.
The Judge on appeal made significant observations regarding the form in which proceedings under the Insolvency Act 1986 are to be commenced and the underlying statutory purpose of Insolvency Act applications. The decision is authority for the proper form of an application under section 335A of the Insolvency Act 1986. It was held that it was entirely correct for the trustees in bankruptcy to have initiated that application by way of Insolvency Act application notice under rule 1.35 of the Insolvency Rules 2016. The Deputy District Judge below was wrong to have dismissed the application because it was not made by way of Part 8 claim.
