Second application to annul bankruptcy order an abuse of process (Lambert v Forest of Dean District Council and others)

Table of contents

• What are the practical implications of the decision?
• What was the background?
• What did the court decide?
• Abuse of process
• The court’s discretion to annul the bankruptcy

Article summary

Restructuring & Insolvency analysis: Jessica Brooke, barrister at Enterprise Chambers, examines the High Court's decision in Lambert v Forest of Dean District Council and others that a second application to annul a bankruptcy order, after the first application was struck out for failure to comply with an unless order, would be refused primarily as an abuse of process and secondly on its merits, even in circumstances where the bankruptcy order ought not to have been made.