Finnan v. Finnan - Bankruptcy Proceedings

CANDEY successfully petitioned for the bankruptcy of a debtor pursuant to a settlement agreement in respect of s.994 (unfair prejudice) proceedings. The debtor had sought to oppose the making of a bankruptcy order on the basis that: (i) relying on s.271(3)(a) to (c) of the Insolvency Act 1986, the petitioner had unreasonably refused a settlement offer; and (ii) the petition was said to be an abuse of process, presented for a collateral purpose to ruin him. The judgment of Deputy ICC Judge Shekerdemian QC is the most up-to-date authority on these points.

BR-2019-000087