James Couser succeeds in the Court of Appeal

1 December, 2016

couserJames Couser has recently succeeded in Sands v Layton [2016] EWCA Civ 1189 in persuading the Court of Appeal that the correct interpretation of s 375(1) of the Insolvency Act 1986 means that a Judge at first instance has jurisdiction to hear an application to review, rescind or vary an order made by another High Court Judge sitting on appeal. The Court of Appeal reviewed two conflicting decisions of the High Court and adopted James’s reasoning.