Clarifying proceedings for recovery orders in bankruptcy

Table of contents

• Original news
• What was the background to the application?
• What were the legal issues the judge had to decide in this application and what were the main legal arguments put forward?
• What did the judge decide, and why?
• To what extent is the judgment helpful in clarifying the law in this area?
• What practical lessons can those advising take away from this case?

Article summary

Restructuring & Insolvency analysis: James Fletcher, barrister at 5 St Andrew’s Hill, discusses Chief Constable of Greater Manchester Police v Wright, a case which helps clarify when permission of the insolvency court is required for proceedings where alleged recoverable property under the Proceeds of Crime Act 2002 (POCA 2002) is included in a bankrupt’s estate.