Kennedy v Official Receiver: effect of new bankruptcy restrictions appeal judgment analysed

For people facing bankruptcy, the new appeal judgment in Kennedy v Official Receiver [2022] EWHC 1973 (Ch) provides a framework for their advisors to predict whether a Bankruptcy Restrictions Order is likely to be imposed, and if so, for how long. Max Marenbon has published a short analysis of the decision on LexisPSL. His analysis addresses the background to the case, the court’s decision, and the practical implications of the decision. This analysis was first published on LexisNexis® on 8 August 2022. To read his article, please click here

Max Marenbon represented the successful appellant in Kennedy v Official Receiver [2022] EWHC 1973 (Ch), instructed by Louise Delgado of Benchmark Solicitors LLP.

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Max Marenbon is a commercial chancery barrister specialising in civil fraud, company and insolvency disputes. He is recognised by the Legal 500 directory as a ‘Leading Junior’ at the London Bar and a ‘Rising Star’ in the Middle East.

Max has appeared as sole counsel in significant cases, including a leading authority on the English courts’ jurisdiction to grant worldwide freezing orders against third parties. He has assisted with cases at all appellate levels. His Middle East practice is centred on the courts of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).

He is interested in how the law treats new ways of doing business, has experience of cryptocurrency-related litigation, and is growing a practice in artificial intelligence litigation. He has acted as sole advocate in AI-related cases in the UK and Middle East, including the leading ADGM authority on the use of AI-generated documents in litigation.

Appointed to the UK Attorney General’s Panel of Junior Counsel to the Crown in 2024, Max previously qualified as a solicitor at a leading City firm and served as judicial assistant to Lord Wilson at the UK Supreme Court.