Covid-19 is being blamed (amongst other things) for mental health issues. A recent case served as a warning to petitioning creditors to do their homework before issuing proceedings.
In Kumar v Hellard  EWHC 181 (Ch). A petitioning creditor issued bankruptcy proceedings against Mr Kumar. There was evidence that Mr Kumar was suffering from Alzheimer’s disease and dementia. The District Judge allowed the bankruptcy order to go ahead.
Subsequently, Mr Kumar appealed, arguing that he did not have litigation capacity.
The appeal was successful on the grounds that the Court was convinced that Mr Kumar did not have capacity.
The petitioning creditor had a very costly bill to pay!
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