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Cassanova v Cockerton [2021]

Acted for a trustee in bankruptcy responding to a bankrupt’s application for permission to make an application challenging the trustee’s conduct under section 304 of the Insolvency Act 1986 and successfully obtaining dismissal of that application. Successfully argued that section 303 should not be used to circumvent the permission requirement in section 304. The decision sets out the criteria to be applied under section 304(2).