Legal News

Does service of a bankruptcy petition need the personal touch?

Published on: 23 February 2016
Published by: LexisPSL
  • Does service of a bankruptcy petition need the personal touch?
  • Original news
  • What was the background to the appeal briefly?
  • What were the legal issues that the deputy judge had to decide in this appeal?
  • What did the deputy judge decide, and why?
  • The first issue
  • The second issue
  • The third issue
  • To what extent is the judgment helpful in clarifying the law in this area?
  • What practical lessons can those advising take away from this case?

Article summary

Restructuring & Insolvency analysis: What are the requirements as to service of a bankruptcy petition? Does the petition have to physically touch the debtor to constitute personal service? Steven Thompson QC, a barrister at XXIV Old Buildings, who represented the respondent, reviews the decision in the Morby v Gate Gourmet appeal. or take a trial to read the full analysis.

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