TL4 FIRE Magazine: In the Court’s Control of Office-Holders

18 Dec 2023

This year has seen a development in insolvency law that will be welcome to every insolvency practitioner (IP): a further tightening of the already restrictive circumstances in which the court will intervene under the Insolvency Act 1986 (IA 1986) to control the decisions of office-holders. Two landmark decisions were decided, both arising out of the bankruptcies of a Mr and Mrs Brake: Patley Wood Farm LLP v Kicks in the Court of Appeal (Patley Wood) and Brake v Chedington Court Estate Ltd in the Supreme Court (Chedington).

Any impression that the courts might be willing to consider a slightly more relaxed interpretation of these provisions has been decisively rejected by these two decisions.

Read Alaric Watson’s full article here.

First published in Issue 15 of the TL4 FIRE Magazine.


Alaric Watson

Call: 1997


This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.


Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Gatehouse Chambers. However, if you have any other queries about this content please contact: