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Practitioner's Update: Kumar v Hellard [2021] EWHC 181 (Ch) - Harry Peto, Temple Garden Chambers

26/02/21. This case concerned an appeal against a bankruptcy order made against the appellant in the County Court. The respondent was an insolvency practitioner in his capacity as the liquidator of Highfield Distribution (UK) Ltd.

The basis for the appeal was that, on material before the District Judge, a real question had been raised as to the appellant’s litigation capacity.

The evidence

There was a letter before the DJ, purporting to come from the appellant though possibly written by his daughter, stating that the appellant was currently suffering from Alzheimer’s disease. The letter indicated there was a future consultant’s appointment. The letter asked the court to adjourn the hearing to give the appellant’s consultant time to advise.

There were also letters from a trainee doctor and from a GP confirming that the patient had Alzheimer’s disease, and a statement of unfitness for work.

The Decision Below

The DJ asked whether there were instructions on what was said in the GP letter or on the communications from medical experts generally as to the appellant’s Alzheimer’s. The respondent’s counsel replied...

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