BEIS0000909
BEIS0000909
CASE NUMBER: BR-2
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INSOLVENCY AND COMPANIES LIST (ChD) BR-2023-001062
Before HHJ CAWSON KC
sitting as a judge of the High Court
DATED: 5 JULY 2024
IN THE MATTER OF SUZANNE LESLEY PALMER
AND IN THE MATTER OF THE INSOLVENCY ACT 1986
THE SECRETARY OF STATE FOR BUSINESS AND TRADE
Applicant
AND
MUSTAFA HASSANALI ABDULALI and NEIL JAMES DINGLEY
(Joint Trustees In Bankruptcy of Suzanne Lesley Palmer)
Respondents
UPON the hearing of the Application of the Applicant (“the Secretary of State”) dated
16 October 2023 under sections 303(1) and 363(1) of the Insolvency Act 1986 (“the
Act’) having taken place on 18 June 2024
AND UPON HEARING Gareth Tilley, Counsel for the Secretary of State and
Thomas Grant KC, Counsel for the Respondents
AND UPON the individuals identified in Schedule 1 to the Order of Chief ICC Judge
Briggs of 7 March 2024 having been notified of the terms of the said order and of the
date fixed for the hearing, and not having filed or made any statements or
submissions
AND UPON READING the evidence
AND UPON the Respondents not objecting to the Secretary of State’s Application
under section 303(1) of the Act as a person dissatisfied with acts, omissions or
decisions of the Respondents, and under section 363(1) of the Act
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AND UPON written judgment having been handed down on 5 July 2024 (‘the
Judgment’)
IT IS DECLARED THAT
1) In relation to the compensation scheme (“the GLO Scheme”) announced by
the Government on 22 March 2022 in favour of the claimants in the action
Alan Bates and Others v Post Office Limited (Claim Nos HQ16X01238;
HQ17X02365 and HQ17X04248) and following the settlement of those
claims:—
(i) any interest of Suzanne Palmer in or entitlement of Suzanne Palmer to
apply for or receive compensation under the GLO Scheme:-
a) did not, at the commencement of her bankruptcy, exist as and
does not constitute ‘property’ within the meaning of section 436
of the Act;
b) did not form part of the ‘bankrupt’s estate’ within the meaning of
section 283(1) of the Act; and
c) did not vest in the Joint Trustees in Bankruptcy pursuant to
section 306 of the Act.
(ii) any Ex Gratia payment to be made by the Secretary of State pursuant
to the GLO Scheme after the date of this Order will be after-acquired
property within the meaning of section 307(2)(c) of the Act and will not
form part of the ‘bankrupt’s estate’ of Suzanne Palmer within the
meaning of section 283(1) of the Act.
(iii) I Suzanne Palmer is under no liability pursuant to recital 5 to, or clause 3
of the Assignment (as defined in the Judgment), or otherwise, to
account to the Respondents for any part of any compensation that she
might receive pursuant to the GLO Scheme
AND THE RESPONDENTS ARE DIRECTED:
2) To take no steps to recover for the bankruptcy estate any payments which
may in future be made under the GLO Scheme to Suzanne Palmer or any
other person on her behalf, except they may recover monies to the extent
required to enable Suzanne Palmer on any application for an annulment to
comply with the requirements of s.282(1)(b) of the Insolvency Act 1986.
AND BY CONSENT IT IS ORDERED THAT
3) There be no order as to costs of the application.
4) The Applicant shall serve a sealed copy of this order on the Respondents.
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Service of the order
The court has provided a sealed copy of this order to the serving party:
Government Legal Department at 102 Petty France, Westminster, London SW1H
9GL
Ref: Z2307258/ACN/DS3 [E: tony.nwanodit_
d
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