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Greenhaven Motors Limited (In Liquidation) and Another v BG Funding Limited and Another: CA 31 Jul 1998

Citations: [1998] EWCA Civ 1365 Statutes: Insolvency Act 1986 167 Jurisdiction: England and Wales Citing: Cited – In re Edennote Ltd (No 2) ChD 1997 Sanction was sought against a liquidator. Lightman J said: ‘The question is the commercial best interests of the company, reflected prima facie, by the commercial judgment of the liquidator, a … Continue reading Greenhaven Motors Limited (In Liquidation) and Another v BG Funding Limited and Another: CA 31 Jul 1998

Anglo American Investments Limited v Barber: CA 22 Jul 1998

The defendant had borrowed money from the plaintiff, and a director made an oral promiose not to seek repayment until the defendant could afford it. The claimant went into liquidation. Held: The defence was incredible and had no prospect of success. Citations: [1998] EWCA Civ 1258 Jurisdiction: England and Wales Citing: Cited – Alpine Bulk … Continue reading Anglo American Investments Limited v Barber: CA 22 Jul 1998

In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004

The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004

Cowlishaw and Another v O and D Building Contractors Ltd: ChD 8 Oct 2009

Reserved judgement on an application by administrators for an order pursuant to section 236 of the Insolvency Act 1986 seeking provision of a wide range of documents from the respondent building contractors. Judges: HHJ David Cooke Citations: [2009] EWHC 2445 (Ch) Links: Bailii Statutes: Insolvency Act 1986 236 Jurisdiction: England and Wales Insolvency Updated: 22 … Continue reading Cowlishaw and Another v O and D Building Contractors Ltd: ChD 8 Oct 2009

Johnson and Another v Davis and Another: CA 18 Mar 1998

The court was asked: ‘whether or not the appellants were released from their obligation under a covenant to indemnify the respondents against claims arising under a lease by reason of the terms of an individual voluntary arrangement made under part VIII of the Insolvency Act 1986 by a co-obligee who was liable, jointly with the … Continue reading Johnson and Another v Davis and Another: CA 18 Mar 1998

Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: CA 9 Oct 1996

The Court was asked as to the validity of the assignment by a liquidator to a litigation funder of the benefit of a wrongful trading claim against the directors of the company under section 214 of the IA 1986. The directors sought to stay the claim on the basis that the liquidator had no power … Continue reading Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: CA 9 Oct 1996

Bank of Credit and Commerce International Sa (In Liquidation) (No 8): CA 2 Oct 1996

Not all debts which were eligible for proof in bankruptcy were also eligible for a set off. Rose Ljexplained the doctrine of equitable marshallling, saying: ‘The doctrine of marshalling applies where there are two creditors of the same debtor, each owed a different debt, one creditor (A) having two or more securities for the debt … Continue reading Bank of Credit and Commerce International Sa (In Liquidation) (No 8): CA 2 Oct 1996

Hollicourt (Contracts) Ltd (In Liquidation) v Bank of Ireland: ChD 17 Dec 1999

A company’s account was in credit at all times, but was, unknown to the bank, in winding up proceedings. The bank continued to honour cheques, and was found to have been making dispositions of the company’s assets under the section. Accordingly the payments were void and ineffective from the date of the commencement of the … Continue reading Hollicourt (Contracts) Ltd (In Liquidation) v Bank of Ireland: ChD 17 Dec 1999

In re Equity and Provident Ltd: ChD 19 Feb 2002

petition presented by the Secretary of State for Trade and Industry which seeks the winding up of Equity and Provident Ltd on grounds of public interest. Judges: Patten J Citations: [2002] EWHC 186 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A, Companies Act 1985 447 Jurisdiction: England and Wales Company Updated: 18 July 2022; Ref: … Continue reading In re Equity and Provident Ltd: ChD 19 Feb 2002

Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997

The Court reminded insolvency practitioners of fiduciary duties to creditors when refusing application for further payment on account of costs. Ferris J considered the principles applicable to fixing the remuneration of receivers of the estate of Robert Maxwell appointed by the court under section 37 of the 1981 Act. Their total recoveries before their remuneration … Continue reading Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997

Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

(Cayman Islands) The Board was asked whether a debtor or alleged debtor of a company in liquidation can apply for the removal of a liquidator, in whom the creditors and contributors of the company appear to have confidence, on the ground that he is subject to a conflict of interest. Held: A debtor does not … Continue reading Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known … Continue reading Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Regina v Kansal: CACD 24 Jun 1992

K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992

Powdrill and Another v Watson and Another: HL 23 Mar 1995

A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 Act could be used to determine arrears of salary attributable to the period prior to the administrators’ appointment.Lord … Continue reading Powdrill and Another v Watson and Another: HL 23 Mar 1995

In re Mark One (Oxford Street) plc: 1999

Jacob J referred to the inherent jurisdiction of the court with particular reference to Ex parte James. Judges: Jacob J Citations: [1999] 1 WLR 1445, [1999] 1 All ER 608 Statutes: Insolvency Act 1986 14(3) Cited by: Not followed – In re Luna Metal Products Ltd (in Administration) CA 14-Dec-2006 The administrators held cash. They … Continue reading In re Mark One (Oxford Street) plc: 1999

Official Receiver v Environment Agency: CA 5 Aug 1999

A waste management licence could constitute both property and onerous property for the purposes of the Insolvency Act. It could also be an interest incidental to the land to which it related. Because of this the liquidator of a waste management company could disclaim the licence without committing an offence under the Act. Citations: Times … Continue reading Official Receiver v Environment Agency: CA 5 Aug 1999

Formosa Plastics Corporation USA v Chauhan and others: CA 6 Apr 1998

The defendant sought a second adjournment of his application for leave to appeal against summary judgment for $21m with interest in respect of a judgment obtained in Texas. The defendant was said to have given his personal guarantee for the purchase price of goods sold and delivered. Held: The request was rejected. Counsel for the … Continue reading Formosa Plastics Corporation USA v Chauhan and others: CA 6 Apr 1998

Re Shoe Lace Ltd, Power v Sharp Investments Ltd: CA 1993

A debenture was executed on 24th July 1990. Money earlier advanced by the chargee in anticipation of and in consideration for the debenture, including an advance made on 16th July 1990, had not been made ‘at the same time as’ the creation of the charge for the purposes of section 245(2) of the 1986 Act. … Continue reading Re Shoe Lace Ltd, Power v Sharp Investments Ltd: CA 1993

Lakatamia Shipping Company Ltd v Su: CA 16 Sep 2019

Application for bail after committal for contempt on finding of guilt of numerous breaches of court orders relating to the case. Green LJ [2019] EWCA Civ 1574 Bailii England and Wales Citing: See Also – Lakatamia Shipping Co Ltd v Nobu Su and Others ComC 13-Feb-2014 . . See Also – Lakatamia Shipping Company Ltd … Continue reading Lakatamia Shipping Company Ltd v Su: CA 16 Sep 2019

Maclaine Watson and Co Ltd v International Tin Council: ChD 1987

Millett J said: ‘The ITC contend there is no jurisdiction to make such an order [an order for discovery of assets] in the absence of a Mareva injunction. It is, however, fallacious to reason from the fact that an order for discovery can be made as ancillary to a Mareva injunction to a conclusion that … Continue reading Maclaine Watson and Co Ltd v International Tin Council: ChD 1987

Re Probe Data Systems Ltd (No.3): CA 1992

An appeal from a director disqualification is to be under the Insolvency Rules. [1992] BCC 110 Company Directors Disqualification Act 1986 6 England and Wales Cited by: Cited – Secretary of State for Trade and Industry v Paulin ChD 13-May-2005 The director sought to appeal an order disqualifying him form acting as a company director. … Continue reading Re Probe Data Systems Ltd (No.3): CA 1992

In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011

The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it applies in situations involving guarantees and other sureties. Held: The … Continue reading In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 2011

Administrators of the claimant company asserted that the company had held informal leases of two hangars owned by the defendant, and also complained of their transfer at an undervalue. The first defendant said that the occupations were under license only. Held: The occupation, having the characteristics of a tenancy, was in fact a tenancy. As … Continue reading Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 2011

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Fenland District Council v Sheppard and Others: ChD 3 Nov 2011

Short but somewhat difficult point under the provisions governing the vesting of disclaimed property of a bankrupt’s estate under section 320 of the Insolvency Act 1986 Judges: Roth J Citations: [2011] 45 EG 96 (CS),, [2012] 2 EG 68, [2011] EWHC 2829 (Ch) Links: Bailii Jurisdiction: England and Wales Land, Insolvency Updated: 09 December 2022; … Continue reading Fenland District Council v Sheppard and Others: ChD 3 Nov 2011

In re G-Tech Construction Limited: ChD 29 Sep 2005

In appointing the administrators, the wrong form had been used. The court was asked to use its powers to cure the mistake. The failure to file the correct form was overlooked, with the result that one of the prerequisites of an appointment taking effect under paragraph 31 remained unsatisfied. However, the administration was carried on … Continue reading In re G-Tech Construction Limited: ChD 29 Sep 2005

Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011

‘These appeals raise important and difficult questions posed by the impact of legislation for the protection of pension funds upon companies which are undergoing an insolvency process.’ Judges: Laws, Lloyd, Rimer LJJ Citations: [2011] EWCA Civ 1124, [2012] BCC 83, [2012] 1 BCLC 248, [2012] BCLC 248, [2012] 1 All ER 1455, [2012] Bus LR … Continue reading Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011

Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011

The revenue appealed against refusal of its petition for the winding up of the company for non-payment of a VAT assessment. The company said that the assessment was disputed. The revenue said that the company had been run for the purpose of submitting false VAT Input tax claims, and suppressing Output tax invoices. Held: The … Continue reading Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011

Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009

The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed. Held: The court considered the interpretations of the deed, looking at the ‘landscape of the instrument as a whole’ and interpretations given. The Court emphasised the … Continue reading Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009

Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

The claimants appealed against bankruptcy orders made against assessed liability to income tax and penalties. As solicitors, their practice had suffered intervention, but they argued that their assets comfortably exceeded their liabilities and that they should have been given more time to pay. Held: They said that as a result of the intervention within their … Continue reading Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Judges: The Honourable Mr Justice Patten Citations: [2004] EWHC 2448 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had exposure to asbestosis claims; these claims were … Continue reading Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Claridge, Re The Trustee In Bankruptcy of: ChD 29 Jul 2011

The trustee in bankruptcy appealed against refusal of a declaration that a transfer of the bankrupt’s share in a house to his wife had been at an undervalue. Judges: Sales J Citations: [2011] EWHC 2047 (Ch), [2011] WTLR 1681, [2011] BPIR 1529 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: … Continue reading Claridge, Re The Trustee In Bankruptcy of: ChD 29 Jul 2011

In re Frontsouth (Witham) Ltd and Another: ChD 30 Jun 2011

The court was asked to make a retrospective appointment of a company administrator. Held: Henderson J (in a reserved judgement) said that he shared Morgan J’s misgivings, but like him regarded the jurisdiction as a useful one and was prepared to follow the practice. Judges: Henderson J Citations: [2011] EWHC 1668 (Ch) Links: Bailii Statutes: … Continue reading In re Frontsouth (Witham) Ltd and Another: ChD 30 Jun 2011

Minmar (929) Ltd and Another v Khalatschi and Another: ChD 8 Apr 2011

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

McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006

The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia. Held: It was inevitable that cross border insolvency arrangements would cause difficulty, and particularly so for insurance companies. Such a transfer would prejudice … Continue reading McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006

Rodencroft Limited, W. G. Birch Developments Limited, H-M Birch Limited; Simon Allso v The Secretary for State for Trade and Industry: ChD 23 Apr 2004

The Secretary of state sought the winding up of the companies saying it was expedient in the public interest to do so. A shareholder opposed this saying that the companies were solvent. Held: The shareholder had, in the absence of any position taken by the company, the standing to make the application, which was granted … Continue reading Rodencroft Limited, W. G. Birch Developments Limited, H-M Birch Limited; Simon Allso v The Secretary for State for Trade and Industry: ChD 23 Apr 2004

In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’. Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in negligence which existed on and was breached by a company before liquidation, but where actionable … Continue reading In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

Quickson (South and West) Limited v Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited): ChD 25 Aug 2004

Various applications were made in the insolvency, including for removal of the liquidators and declarations that certain payments were a fraudulent preference on the creditors. Held: No prejudice had been shown by any procedural irregularity. Other creditors should be able to see that there is a proper investigation of relevant matters relating to inter-company transfers, … Continue reading Quickson (South and West) Limited v Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited): ChD 25 Aug 2004

National Westminster Bank Plc v Spectrum Plus Ltd and Others; In re Spectrum Plus Ltd (in liquidation): CA 12 Jul 2004

The High Court or the Court of Appeal should not follow a decision of the Privy Council in place of a decision of the House of Lords, unless the circumstances are quite exceptional and the court is satisfied that in practice the result would be a foregone conclusion Judges: Lord Phillips of Worth Matravers MR, … Continue reading National Westminster Bank Plc v Spectrum Plus Ltd and Others; In re Spectrum Plus Ltd (in liquidation): CA 12 Jul 2004

Re Priory Garage (Walthamstow) Limited: ChD 2001

The court considered the relevance of a statutory limitation period in relation to applications to set aside transactions as being at an undervalue or as voidable preferences under section 238 to 241 of the 1986 Act. Applications to set aside transactions under the sections are generally actions on a specialty within the meaning of section … Continue reading Re Priory Garage (Walthamstow) Limited: ChD 2001

Henderson v Foxworth Investments Ltd and Another: SCS 1 Mar 2013

(Extra Division Inner House) The liquidator sought to have set aside the sale of a substantial hotel with golf courses on the basis that it was at an undervalue, with the buyer being aware of the seller’s potential insolvency. He appealed against a finding that the buyer had also assumed debts sufficient to give full … Continue reading Henderson v Foxworth Investments Ltd and Another: SCS 1 Mar 2013

Oraki and Another v Dean and Dean: ChD 11 Jan 2017

Application for annulment of bankruptcies. Held: Though the judgment upon whih the order had originally been made had been obtained by fraud, that did not of itself discharge the bankruptcy. Judges: Robert Ham QC Citations: [2017] EWHC 11 (Ch) Links: Bailii Statutes: Insolvency Act 1986 264 Jurisdiction: England and Wales Insolvency Updated: 29 January 2022; … Continue reading Oraki and Another v Dean and Dean: ChD 11 Jan 2017

Cooke v Dunbar Assets Plc: ChD 29 Jul 2016

Costs order to be made on upholding decision that the claimant was bankrupt. Held: The creditor’s appeal succeeded,and the debtor should be odered to pay the costs of the appeal. Jeremy Cousins QC HHJ [2016] EWHC 1888 (Ch), [2016] WLR(D) 444 Bailii, WLRD Insolvency Act 1986 England and Wales Insolvency, Costs Updated: 22 January 2022; … Continue reading Cooke v Dunbar Assets Plc: ChD 29 Jul 2016

Finnerty and Another v Clark and Another: CA 21 Jul 2011

The court was asked what would amount to good and sufficient grounds for the exercise of the court’s discretion to order the removal of administrators from their office. Mummery, Carnwath, Richards LJJ [2011] EWCA Civ 858, [2012] Bus LR 594, [2011] BPIR 1514, [2011] BCC 702, [2011] NPC 90, [2012] 1 BCLC 286 Bailii Insolvency … Continue reading Finnerty and Another v Clark and Another: CA 21 Jul 2011

In re Cheyne Finance Plc: ChD 12 Sep 2007

The Receivers sought directions as to how to apply monies coming into their hands on the basis that, on advice, they considered that they needed the Court’s answer to an underlying difficult issue of the construction of the Security Trust Deed. The court was asked how the Receivers should apply monies coming into their hands … Continue reading In re Cheyne Finance Plc: ChD 12 Sep 2007

Clarke v Cognita Schools Ltd (T/A Hydesville Tower School): ChD 1 Apr 2015

The claimants sought to have set aside statutory demands served to enforce judgmens, they said under a discrepancy. The order refusing their application should they said, have notified them of their right to appeal. Held: None of the applicable rules expressly required otification that an appeal was available. Newey J [2015] EWHC 932 (Ch), [2015] … Continue reading Clarke v Cognita Schools Ltd (T/A Hydesville Tower School): ChD 1 Apr 2015

Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator. Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for adequate consideration’. One element was that the same debt said to have been … Continue reading Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

Williams v Glover and Another: ChD 4 Jun 2013

The company’s liquidator had refused to assign to its former directors a claim for a reduction in corporation tax which they were funding. Held: Such a claim did not constitute property within section 436, and was not a chose capable of assignment. All that could be assigned would be the right to appeal. Since the … Continue reading Williams v Glover and Another: ChD 4 Jun 2013

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

McGuinness v Norwich and Peterborough Building Society: CA 9 Nov 2011

The appellant had guaranteed his brother’s loan from the respondent, and the guarantee having been called in and unpaid, he had been made bankrupt. He now appealed saying that the guarantee debt, even though of a fixed amount could not form the basis of a statutory demand without action being taken on the debt first. … Continue reading McGuinness v Norwich and Peterborough Building Society: CA 9 Nov 2011

Williams v Lawrence and Another: ChD 28 Jul 2011

The claimant, as trustee for the deceased’s insolvent estate, sought a declaration that a transfer of the deceased’s share in property made by the executors was void as being at an undervalue. The property was subject to a right of occupation in favour of one of the purchaser, one of the defendants, and therefore reduced … Continue reading Williams v Lawrence and Another: ChD 28 Jul 2011

Somerville v Scottish Ministers: HL 24 Oct 2007

The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007

Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011

Commercial Sense Used to Interpret Contract The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations. Held: The appeal succeeded. In such a case the court should adopt the more, rather than the less, commercial construction, applying the … Continue reading Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011

Lewis and Another v Metropolitan Property Realisations Ltd: CA 12 Jun 2009

The bankrupts appealed against the refusal of a declaration that their home was now free of the claims of the defendants who had taken an assignment from the trustee in bankruptcy of the trustee’s interest in the house for a consideration of a share in any value on a sale. Held: The 1986 Act had … Continue reading Lewis and Another v Metropolitan Property Realisations Ltd: CA 12 Jun 2009

Holland v Revenue and Customs and Another: CA 2 Jul 2009

The appellant supported IT workers. Through his own company, he set up companies in which his company was a director, and which companies in turn employed the IT workers securing substantial savings in higher rate Corporation Tax. Held: The defendant’s appeal succeeded. Though the appellant was not himself a director in the companies, his company … Continue reading Holland v Revenue and Customs and Another: CA 2 Jul 2009

Rehman v Chamberlain and Another: ChD 6 Sep 2011

The claimant asserted as against the liquidator, a floating and registered charge over the company’s assets. The liquidator said that it had been granted within the twelve months prior to the onset of the insolvency, was caught by section 245(3)(b), and requested rectification of the register. The claimants relied on an opinion from senior counsel. … Continue reading Rehman v Chamberlain and Another: ChD 6 Sep 2011

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

In re Care Matters Partnership Ltd: ChD 7 Oct 2011

An application was made for the appointment of administrators with retrospective effect. Held: ‘there are two separate questions. The first question is whether an administration order should be made at all. This requires both the satisfaction of the two conditions set out in paragraph 11 (which alone enable the court to make an order) and … Continue reading In re Care Matters Partnership Ltd: ChD 7 Oct 2011

Warwick (Formerly Yarwood) v Trustee In Bankruptcy of Clive Graham Yarwood: ChD 13 Sep 2010

The trustee sought to have set aside as an unlawful preference, the payment of 75% of the proceeds of sale of the former matrimonial home to the bankrupt’s wife, saying that the payment had been made after the presentation of the petition. The parties had previously compromised a claim for ancillary relief in the divorce … Continue reading Warwick (Formerly Yarwood) v Trustee In Bankruptcy of Clive Graham Yarwood: ChD 13 Sep 2010