"Discretion" and the Insolvency Act 1986

Court of Appeal and Supreme Court provide support to trustees in bankruptcy

Raj Arumugam

Two recent decisions, the Court of Appeal in Patley Wood Farm LLP v Kicks [2023] EWCA Civ 901, and the Supreme Court in Brake v Chedington Court Estate Ltd [2023] UKSC 29, have provided welcome support for trustees in bankruptcy facing claims under section 303 of the Insolvency Act 1986.