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Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable)

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable)
Published on: 10 November 2017
Published by: LexisPSL
  • Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable)
  • Original news
  • What practical lessons can those advising take away from this appeal?
  • What was the background to this appeal?
  • Pickard v Constable was an appeal of a decision by a district judge.
  • What were the issues the court had to decide on appeal?
  • What did the court decide, and why?
  • To what extent is the judgment helpful in clarifying the law?

Article summary

Restructuring & Insolvency analysis: Lina Mattsson, barrister at Hardwicke, outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession. or take a trial to read the full analysis.

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