Mohammed Kamal Ahmed v Elias Hussain & Anor
[2023] EWHC 593 (Ch)
Strategic Advantages PC (for and on behalf of HSG Rooftops SP) v Gary Ronald Forrest
4 May 2023
[2023] EWHC 3144 (Ch)
High Court
Someone tried to declare someone else bankrupt, but then changed their mind and withdrew the request. The judge dismissed the case but made sure that if there was any paperwork filed about the case, it could be removed.
Key Facts
- •Bankruptcy petition brought by Strategic Advantages SPC against Gary Ronald Forrest for a debt of £36,894,393.64.
- •Petition was contested but petitioner sought withdrawal/dismissal before trial.
- •Two supporting creditors (Insolvency & Law Ltd and Alternative Investment Consulting Ltd) did not object to the withdrawal/dismissal.
- •Uncertainty regarding registration of the petition with the Chief Land Registrar; no record of application found.
- •Petitioner and respondent agreed on alternative wording for the order to address the registration issue.
Legal Principles
Withdrawal or dismissal of a bankruptcy petition under sections 266(2) and (3) of the Insolvency Act 1986 and Rule 10.30 of the Insolvency Rules.
Insolvency Act 1986, Insolvency Rules
Requirements for orders dismissing or permitting withdrawal of a bankruptcy petition, including registration details with the Chief Land Registrar.
Insolvency Rules
Land Charges Rules govern the registration and vacation of entries relating to bankruptcy petitions.
Land Charges Rules
Outcomes
The bankruptcy petition was dismissed.
The petitioner sought withdrawal, supporting creditors did not object, and the court addressed the issue of petition registration.
An order was made allowing the respondent to apply to vacate any pending registration of the petition with the Land Registry.
To address the uncertainty regarding registration and protect the respondent's interests.
No order as to costs was made.
Agreed by the parties.
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