Q&As

Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter that the bankrupt may need to incur a further debt or financial liability in order to comply with that order?

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Produced in partnership with David Sawtell of 39 Essex Chambers
Published on LexisPSL on 29/06/2016

The following Restructuring & Insolvency Q&A produced in partnership with David Sawtell of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter that the bankrupt may need to incur a further debt or financial liability in order to comply with that order?

Can an order be made against a bankrupt requiring them to remove tipped material from a site within a twelve-month period? And if so, does it matter that the bankrupt may need to incur a further debt or financial liability in order to comply with that order?

For the purposes of this Q&A it is assumed that you are representing an authority with power to serve a notice on the occupier of land under s 59 of the Environmental Protection Act 1990 (EPA 1990) to remove controlled waste or extractive waste deposited in or on land contrary to EPA 1990, s 33. There is a defence of the ‘innocent occupier’ under EPA 1990, s 59(3) but otherwise the section carries with it strict liability.

Under section 285 of the Insolvency Act 1986 (IA 1986), a bankrupt’s estate is protected from certain proceedings and remedies. IA 1986, s 285(3) states that after the making of a bankruptcy order no person who is a creditor of the bankrupt in respect of a debt provable in the bankruptcy shall have any remedy against the person or property of the bankrupt, or commence any action or other legal proceedings against the bankrupt except with

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