In an article for LexisNexis, Wilson Leung analyses Durkan v Jones [2023] EWHC 1359 (Ch) (a case in which Wilson acted as counsel). This case is a notable decision for insolvency practitioners regarding the jurisdictional condition in s 265(2)(b)(ii) Insolvency Act 1986, i.e. that the debtor had ‘carried on business’ in England prior to the petition. The court held that s 265(2)(b)(ii) was satisfied by the debtor having let out a single residential property in England to a single set of tenants. The court emphasised that although the letting may not have been on a grand scale, it did involve ‘the provision of goods or services for profit or gain’ and therefore, as a matter of ordinary sense, it amounted to carrying on business. This decision suggests that there would be bankruptcy jurisdiction over debtors on the basis of even modest income-generating activities within England.

This article can be read here (paywalled).

Read more about Wilson’s practice here.