Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course provides an explanation of the changes made to the provisions relating to the discharge period for bankrupts. It is aimed at practitioners with an intermediate level of understanding of bankruptcy issues and practice.

Outcomes:
After completing the course you will:
  • Understand the amendment of section 279 Part 1 of the Insolvency Act 1986 which reduces the bankruptcy discharge period;
  • Update: the recent case of Shierson and Birch v Rastogi;
  • Understand the differences between the bankruptcy restrictions order regime and the suspension of discharge regime;
  • Update: the High Court case of the Official Receiver v Randhawa.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Panel Discussion
Sources and References:
  • Enterprise Act 2002;
  • Insolvency Act 1986;
  • Shierson and Birch v Rastogi [2007] All ER (D) 446 (May);
  • Secretary of State for Trade and Industry v Bairstow [2003] EWCA Civ 321;
  • The Official Receiver v Randhawa [2007] 1 WLR 1700;
  • Productivity and Enterprise Insolvency – A Second Chance (White Paper published July 2002).

In this podcast, Clive Jones and Tim Akkouh, barristers at New Square Chambers in London, discuss the recent changes made to the rules relating to discharge of bankruptcy.

They give a detailed explanation of the relevant provisions of the Enterprise Act 2002 which amend the previous regime for discharging bankrupts under the Insolvency Act 1986. The two different sets of rules relating to suspension of discharge and the bankruptcy restriction regime are discussed.

They also discuss the recent cases in the area of Shierson and Birch v Rastogi [2007] All ER (D) 446 May and The Official Receiver v Randhawa [2007] 1 WLR 1700. The podcast provides a useful update and commentary on the law in this area for practitioners of all levels of experience.

Podcast Added: 9/11/2007

Podcast last reviewed: 2011-06-27

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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