Insolvency Act 1986, section 281A

Post-discharge restrictions

Part IX Bankruptcy

Schedule 4A to this Act (bankruptcy restrictions order and bankruptcy restrictions undertaking) shall have effect.F697]

Cases considering section 281A 3

Jody Kennedy v The Official Receiver

[2022] EWHC 1973 (Ch) · 28 July 2022

The court identified section 281A as the statutory basis for making a Bankruptcy Restrictions Order, read with Schedule 4A. (see para [1])

Serafin v Malkiewicz & Ors

[2017] EWHC 2992 (QB) · 24 November 2017Interprets

The court considered the provision in relation to the possibility of a Bankruptcy Restrictions Order, but did not decide that a criminal or statutory breach under it was established. The claimant’s conduct was nevertheless considered sufficiently reprehensible to justify the Bankruptcy Restrictions Undertaking. (see para [98])

Official Receiver v May

[2008] EWHC 1778 (Ch) · 25 July 2008

Confirms that section 281A gives effect to the Schedule 4A bankruptcy restrictions order regime; the operative construction was derived from Schedule 4A (see para [8]).

What each judgment says about section 281A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F697S. 281A inserted (1.4.2004) by 2002 c. 40, ss. 257(1), 279 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (with arts. 3-8 (as amended by S.I. 2003/2332, art. 2))