Skip to content

Enterprise Chambers Invites Applications For Tenancy In All Locations

Find out more


Durkan v Jones [2023] EWHC 1359 (Ch.)

Amit Gupta has been involved in an interesting and important decision concerning the meaning of “carrying on business” for the purposes of s.265(2)(b)(ii) of the Insolvency Act 1986, in Durkan v Jones [2023] EWHC 1359 (Ch.). 

In this case, the debtor was the owner of a residential property that was let to tenants, which was sufficient to be carrying on a business in this jurisdiction. This case is also a useful example of the circumstances in which the court might find witness evidence as manifestly incredible, without cross-examination.

Amit and Jim Phelps (Instructing Solicitor) have prepared a note below.

A copy of the full Judgment can be found here