Judges: His Honour Judge Behrens sitting as a Judge of the High Court in Leeds Citations: [2011] EWHC 2860 (Ch), [2012] BCC 115 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.448119
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A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
A bankrupt’s present entitlement to compel payment of pension benefits fell to be included in the assessment of his income within the meaning of section 310(7) of the Insolvency Act. Judges: Bernard Livesey QC Citations: [2012] EWHC 909 (Ch), [2012] 1 WLR 3559, [2012] BPIR 621, [2012] WLR(D) 115, [2012] 3 All ER 1028 Links: … Continue reading Raithatha v Williamson: ChD 4 Apr 2012
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
Application was made to set aside the appointment of the company’s administrators. Judges: Sir Andrew Morritt Ch Citations: [2011] EWHC 1159 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – In re Care Matters Partnership Ltd ChD 7-Oct-2011 An application was made for the appointment of administrators with retrospective … Continue reading Minmar (929) Ltd and Another v Khalatschi and Another: ChD 8 Apr 2011
four applications by the applicants, who are landlords of four properties that were let to companies that are now all in administration, by which applications the applicants apply for a. permission under Paragraph 43 of Schedule B1 to the Insolvency Act 1986 (‘IA’) to forfeit the leases of the properties; and b. a direction under … Continue reading Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012
Judges: Lord Menzies Citations: [2010] CSOH 115, 2010 GWD 33-684, [2010] ScotCS CSOH – 115, [2011] BCC 174 Links: Bailii Statutes: Insolvency Act 1986 74(3)(e) Jurisdiction: Scotland Scotland, Landlord and Tenant, Insolvency Updated: 12 April 2022; Ref: scu.421614
The court was asked whether section 375 allowed a court to review, rescind or vary an order which was previously made by that court in exercise of its jurisdiction to hear an appeal from a lower court. Arden, Lewison, McCombe LJJ [2016] WLR(D) 632, [2016] EWCA Civ 1159 Bailii, WLRD Insolvency Act 1986 375(1) England … Continue reading Sands (As Trustee In Bankruptcy) v Layne and Another: CA 29 Nov 2016
The claimant bankrupt and his mother sought a vesting order under the 1986 Act in respect of the pier at Colwyn Bay and its associated dwelling which had been disclaimed by the trustee as onerous property.
Held: The court had power to hear an . .
