Current Law Cases

Scope	bankruptcy; annulment; failure to produce evidence substantiating grounds for annulment
Case	Society of Lloyd's v Waters
Court	(Ch D) Chancery Division
Jurisdiction
Judgment	July 17, 2000
Judges	Cresswell, J.
Legislation	Insolvency Act 1986 s.282(1)(a)
Reported	[2001] B.P.I.R. 698
Reference	Times, May 24, 1996
Abstract	W appealed against a decision not to annul a bankruptcy order, following his application under the Insolvency Act 1986 s.282(1)(a), contending that there was additional evidence and that he had failed to appreciate that a bona fide counterclaim exceeding the amount of the debt was a ground to apply for a bankruptcy petition to be dismissed. At the hearing for the annulment, W had not mentioned the possibility of a claim for fraudulent misrepresentation against L. Held, dismissing the appeal, that (1) W, having failed to produce the appropriate evidence before the Registrar at the time of the annulment application, substantiating the claim that grounds existed for an annulment, would not be permitted to introduce further evidence now, and (2) in any event, the Registrar was entitled to state that he would not have exercised his discretion in W's favour as other evidence had been adduced to show that W was insolvent and had tried to conceal his assets.
Subject	Insolvency
Keywords	Annulment, Bankruptcy, Bankruptcy orders, Evidence, Lloyds Names
Counsel	For SL: Lawrence Jones. For Barry Isaacs
Solicitors	Not specified
Transcript	9189/1998