Insolvency Act 1986, section 264

Who may present a bankruptcy petition

Part IX Bankruptcy

(1)A petition for a bankruptcy order to be made against an individual may be presented to the court in accordance with the following provisions of this Part—

(a)by one of the individual’s creditors or jointly by more than one of them,

F665(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F666(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F666(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)by the supervisor of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part VIII, or

(d)M17where a criminal bankruptcy order has been made against the individual, by the Official Petitioner or by any person specified in the order in pursuance of section 39(3)(b) of the Powers of Criminal Courts Act 1973.

(2)Subject to those provisions, the court may make a bankruptcy order on any such petition.

Cases considering section 264 34

Levy v Legal Services Commission

[2000] EWCA Civ 285 · 10 November 2000

Applies the provision permitting a bankruptcy petition to be presented by a creditor. Its interaction with the statutory definition of creditor supports jurisdiction to present a petition based on a non-provable debt. (see para [35])

JSC Bank of Moscow v Kekhman & Ors

[2015] EWHC 396 (Ch) · 20 February 2015Interprets

Confirms that bankruptcy orders may be made on a creditor’s petition as part of the general statutory scheme. (see para [78]) Provides for a debtor’s petition for bankruptcy. The court treated the provision as the statutory basis for Mr Kekhman’s petition. (see paras [48], [78]) Confers a discretion whether to make a bankruptcy order on a petition. The court distinguished this discretion from the separate annulment inquiry under section 282. (see paras [51], [88]-[100])

Agilo Ltd v Henry

[2010] EWHC 2717 (Ch) · 22 October 2010

Applies the requirement that a bankruptcy petition may be presented by a creditor, which frames the importance of identifying the person to whom the debt is owed. (see paras [10]-[11])

14 more judgments, and what each says about section 264, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F665S. 264(1)(b) omitted (6.4.2016) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 6; S.I. 2016/191, art. 2 (with art. 3)
  2. F666S. 264(1)(ba)(bb) omitted (31.12.2020) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 32 (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

  1. C940S. 264 modified (1.12.1994) by S.I. 1994/2421, art. 11(2)(3), Sch. 7 para. 2 (as amended (1.12.2001) by S.I. 2001/3649, art. 469)
  2. C941S. 264 amended (20.7.2001 for certain purposes and otherwise 1.12.2001) by 2000 c. 8, s. 372(1); S.I. 2001/2632, art. 2, Sch. Pt. I; S.I. 2001/3538, art. 2(1)
  3. C942S. 264 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II (as amended (31.5.2002) by S.I. 2002/1309, art. 3(1)(4); (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 2(7)(a); and (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 3 para. 1(2))
  4. C943S. 264 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 10(1)(a)(6), Sch. 4 Pts. I, II paras. 1, 8, Sch. 6 para. 2 (as amended (1.7.2005) by S.I. 2005/1516, art. 5(b); and (8.12.2017) by The Insolvency (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/1119), reg. 1(1), Sch. 2 para. 6)

Marginal citations

  1. M171973 c. 62.