- 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?
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.
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