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Procedural Error with petition—fatal or not? (Re Saint Benedict’s Land Trust Limited)

Published on: 17 December 2019
Published by: LexisPSL
  • Procedural Error with petition—fatal or not? (Re Saint Benedict’s Land Trust Limited)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Restructuring & Insolvency analysis: The court had to consider whether a failure to comply with the procedures set out in the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) for the issuing of a petition rendered the process null and void. There was further consideration of the inter-relationship between liability orders made for statutory deemed debts and the effect on the insolvency processes of potential disputes on that liability. In addition, the court had to consider the appropriateness of possible civil restraint order proceedings for unsuccessful applications. A salutary tale for those issuing petitions but also for those seeking to challenge proceedings on unpaid, deemed debts. Written by Graham McPhie, partner at Moon Beever LLP. or take a trial to read the full analysis.

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