Home / Restructuring & Insolvency / Personal insolvency / Bankruptcy

Legal News

Pending application to appeal is insufficient to prevent bankruptcy order being made (Barker v Baxendale-Walker)

Copyright © 2025 LexisNexis

Published on: 27 July 2018

Published by a LexisNexis Restructuring & Insolvency expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?

Article summary

Restructuring & Insolvency analysis: A recent case regarding an employee benefit trust (EBT) scheme, designed to save inheritance and capital gains tax, resulted in a claim brought against the scheme’s promoter for losses incurred by a disappointed client. Christopher Brockman, barrister at Enterprise Chambers (who acted for the successful supporting creditor), comments on what lessons can be learned from this case and considers the implications for insolvency practitioners.

Popular documents

Challenging an individual voluntary arrangement (IVA)

Challenging an individual voluntary arrangement (IVA)Grounds to challenge an individual voluntary arrangementAn application can be made to challenge the approval of an individual voluntary arrangement (IVA) on one or both of two grounds:•that the creditors’ decision approving the IVA unfairly

If a bankruptcy order is made against an individual in England who then moves outside of the EU to live,

If a bankruptcy order is made against an individual in England who then moves outside of the EU to live, would the individual be considered bankrupt in that foreign country? Would it be possible to pursue the individual for payment of a bankruptcy debt (as far as the English bankruptcy is concerned)

How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service

How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effectedOnce a bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to take is to effect service of the

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid