The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

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Ab Initio

This is a Latin phrase, meaning ‘from the beginning’.

It can be used in the context, “the contract was void ab initio”. Under sections 127 (Liquidation) and 284 (Bankruptcy) Insolvency Act 1986 all dispositions of property are ‘void’. This means they never legally existed, and the phrase ‘ab initio’ could be used to describe this situation.

[See ‘Void’, ‘Liquidation’, ‘Bankruptcy’ and ‘Insolvency Act’.]

Adjudicator

The Adjudicator is a Government official who works for the Insolvency Service, and their role is to review and make decisions about individuals’ Bankruptcy applications.

The Adjudicator’s Office (which has other functions within the Insolvency Service) assumed responsibility from the court for making Bankruptcy Orders in April 2016.

A Bankruptcy application is completed online and, on submission, is subject to a number of automated checks. The Adjudicator team undertakes further checks to ensure the applicant meets the required criteria before the decision is made to make a Bankruptcy Order. The Adjudicator’s Office has 28 days within which to decide to make a Bankruptcy Order or to refuse the application; although over 98% of Bankruptcy Orders are made within two working days of the application having been submitted.

One of the key checks made by the Adjudicator team is whether there is a pending Bankruptcy petition for the individual who has made the application. If there is a live pending petition the Adjudicator must refuse to make a Bankruptcy Order on the application.

[See ‘Insolvency Service’, ‘Bankruptcy Order’ and ‘Bankruptcy’.]