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Hendersons - Barristers' Chambers
News 4th Feb 2011

Dias v Havering: the jurisdiction of the bankruptcy court over non-domestic rates

Judgment has been handed down in the Chancery Division of the High Court in the case of Dias v Havering, in which Thomas Evans successfully represented the London Borough of Havering.

The Appellant sought to argue that the Bankruptcy Court had jurisdiction to enquire behind an order for non-domestic rates of the Magistrates’ Court and that, if it did so, it would find that he was not liable for the rates as alleged by the Respondent and Petitioning Creditor.

Mr Justice Henderson, upholding the decision of the first instance court, held that he did not have jurisdiction to look behind the orders made and that, even if he did, he would have found that the Appellant was in law the rateable occupier.

The judgment can be read here.

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