Durkan v Jones [2023]

Important decision concerning the meaning of “carrying on business” for the purposes of s.265(2)(b)(ii) of the Insolvency Act 1986, in Durkan v Jones [2023] EWHC 1359 (Ch.). In this case, the debtor was the owner of a residential property that was let to tenants, which was sufficient to be carrying on a business in this jurisdiction. This case is also a useful example of the circumstances in which the court might find witness evidence as manifestly incredible, without cross-examination.

Note on the case can be found here