“…application. However, I consider that I am prevented from reaching that conclusion by the Court of Appeal’s decision in [Owo-Samson v Barclays Bank plc (No. 1) [2003] EWCA Civ 714]. Even where there was no debt capable of founding the petition, if a bankruptcy order is nonetheless made the court retains a discretion when hearing an annul…”
“…ruptcy in accordance with s. 282(1)(a) IA 1986, a section which plainly confers a discretion, as stated by this Court in Owo-Samson v Barclays Bank plc (No. 1) [2003] EWCA Civ 714 (“Owo-Samson”): see per Carnwath LJ at [35].…”