i-law

Litigation Letter

Third party debt order

Lynch Hall & Hornby (a firm) v Thakerar (2) ChD TLR 9 January

Two orders for costs had been made against the debtor: one by a High Court judge in respect of her unsuccessful application to set aside a statutory demand and the other by a costs judge refusing her application for assessment of costs. The deputy bankruptcy registrar had made third-party debtor orders in respect of both awards under CPR rule 72.8. The debtor appealed against those orders on the basis that the registrar lacked jurisdiction because he was not within the category of ‘any judge, master, or district judge’ of the High Court empowered under CPR rule 2.4 to perform the functions of the court.

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