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News | Mon 24th Jan, 2022
At an oral renewal hearing on 20 January 2022, Edward Lamb was successful in obtaining permission to appeal (Chancery Division sitting in Birmingham) in a case involving bankruptcy-related proceedings.
The grounds of appeal challenged the petitioner’s capacity to issue a statutory demand and subsequently to engage in litigation concerning an application to set aside that statutory demand. Permission to appeal was granted on the ground that the first instance Judge conflated capacity to manage financial affairs (i.e. the issuing of a statutory demand) and a capacity to litigate. The appeal is to be heard later in the year and will provide importance guidance on the extent of a solicitor’s duty to investigate capacity and whether there is a distinction to be made between the act of issuing a statutory demand as opposed to the litigation that follows it.
Edward Lamb is the head of the Court of Protection team in Chambers and has a specialist practice involving cases that straddle the civil court and the Court of Protection jurisdictions.