Barker v Baxendale Walker


31st August 2018


Barristers:

Christopher Brockman


Christopher Brockman appeared for HMRC in Barker v Baxendale-Walker [2018] EWHC 2245 (Ch). The court decides that it has the power to appoint interim receivers as trustees in bankruptcy holding that S.291(A) IA 1986 does not cut down section 292 IA 1986 nor was it intended to. The court has held that its inherent jurisdiction and the power provided by section 363 IA 1986 is very wide. It permits the court in bankruptcy and compulsory winding up, in a way which is not true of other, insolvency processes, to exercise its powers in a manner and in a way that is beneficial to the creditors as a class. In this case interim receivers were appointed trustees despite the absence of any express power to do so in the Insolvency Act 1986.

 

Read the judgment here

 



 

 

 

 

 

 



Back to Cases