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Setting Aside Business Orders in the Magistrates Court

Speaker: Simon Hill
Chambers: 33 Bedford Row

Simon has extensive experience in a wide range of insolvency, property, commercial and chancery disputes. His key areas of expertise are bankruptcy, liquidation, directors’ duties, property and contractual matters. Simon has published 80 articles and bulletins on personal/corporate insolvency, property, company, taxation, civil procedure and mortgages, amongst other topics.

First, Simon outlines Standard Eligibility Requirements relevant to ratepayers with regards to unoccupied hereditaments. He then puts forward relevant case law, revealing how Magistrates Courts can set aside a liability order in various special circumstances.

Key words/topics

Standard Eligibility Requirements

Criteria and evidence

Local Government Finance Act 1988

R (Brighton and Hove City Council) v Brighton and Hove Justices [2004] EWHC 1800 (Admin) (‘Hamdan’)

Liability Order

Interim Orders

Lang v Kingswood

Rix LJ in Tibbles v SIG Plc [2012] EWCA Civ 518

Thevarajah v Riordan [2015] UKSC 78; [2016] 1 W.L.R. 76

Catalyst Management Services v Libya Africa Investment Portfolio [2018] EWCA Civ 1676

Hamblen LJ in Terry v BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422

Final Orders

Other powers to set aside

Procedural Mishaps

Non Attendance

CPR 39.3 and Three Part Test

More about Simon Hill

Simon regularly appears in the Business and Property Courts, typically in the Companies and Insolvency List, where he has an established practice representing companies, creditors, debtors, directors, office holders in various business and company law related matters.

Simon achieved a first class degree in law from Cambridge University and is a scholar of St John’s College, Cambridge University.

Simon serves as Deputy Treasurer of 33 Bedford Row and Head of Insolvency.