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Area Estates Ltd v Weir: CA 20 Jul 2010

The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010

Poulton v Ministry of Justice: CA 22 Apr 2010

The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee sought to recover from the defendant who was responsible for the court service. … Continue reading Poulton v Ministry of Justice: CA 22 Apr 2010

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

In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989

A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form. Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.Lord Justice Nicholls said: ‘The question arising on this appeal concerns the exercise by the court of … Continue reading In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989

Noble v Box and Others (Transfer of Undertakings): EAT 29 Mar 2021

Transfer of Undertakings The appeal is one in which no party other than the Appellant was represented. That representative, although experienced in the employment law field, is not a qualified lawyer. No authority was cited to the EAT, and the decision is one which should be treated with care. However the EAT held that the … Continue reading Noble v Box and Others (Transfer of Undertakings): EAT 29 Mar 2021

Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy. Held: The respondent’s claim under section 71(1) was a bankruptcy debt, and as such was subject to release on … Continue reading Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007

AA v JJ: KBD 29 Jul 2022

Application for a Norwich Pharmacal order against a financial institution or a financial services provider known, for the purpose of these proceedings as ‘MM’, relating to a claim that the applicant, known as ‘AA’, has against her former husband, known as ‘XY’. Judges: Mr Justice Sweeting Citations: [2022] EWHC 2627 (KB) Links: Bailii Statutes: Insolvency … Continue reading AA v JJ: KBD 29 Jul 2022

The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003

The Secretary of State sought a disqualification order. The director argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown. Held: The answer was a mixture of fact and law. A breach of duty alone was neither necessary nor sufficient. Unfitness by reason of … Continue reading The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003

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

In re Rottmann (a Bankrupt): ChD 20 May 2008

The subject of the bankruptcy proceedings asked that the petition be heard in private so as not to prejudice pending criminal proceedings in a foreign jurisdiction. Held: The bankrupt would be required to answer questions which might be self incriminating. The court had power to hear the matter in private, and would do so, but … Continue reading In re Rottmann (a Bankrupt): ChD 20 May 2008

Hofer v Strawson: ChD 31 Mar 1999

The debtor had agreed to buy a company from the petitioner, the price to be payable in instalments by means of post-dated cheques. The debtor alleged misrepresentation and stopped one of the cheques. The petitioner served a statutory demand based on the dishonoured cheque. The district judge dismissed the debtor’s application to set aside the … Continue reading Hofer v Strawson: ChD 31 Mar 1999

In Re FJL Realisations Ltd: ChD 2 Mar 2000

Administrators took on new employees during the period of administration, but when it came to an end, they were unable to pay the PAYE and NIC for the employees. Held: The statute gave special priority to debts incurred under new contracts. The liability for PAYE fell under that category, and so did liability for NIC, … Continue reading In Re FJL Realisations Ltd: ChD 2 Mar 2000

Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts. Held: Such a consideration was very relevant, but not necessarily determinative. The debtor was obliged to proceed quickly, and could not delay his application. He had to demonstrate a … Continue reading Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

Deliberate concealment of arrangements for sale of assets at an undervalue to associate justified revocation of a voluntary arrangement, but the court must look at the heinousness of the irregularity before deciding as to future conduct of arrangements. Citations: Times 29-Dec-1998 Statutes: Insolvency Act 1986 262(4)(b) Jurisdiction: England and Wales Insolvency Updated: 17 June 2022; … Continue reading Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

The Commissioners appealed against a refusal of their application for a revocation of the defendant’s voluntary arrangement in that it had failed to comply with section 4. They complained that the arrangement was unfair to them. It had been agreed to pay football creditors in full at the expense of others, in order to avoid … Continue reading Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

Regina v Clive Louden Carass: CACD 19 Dec 2001

When a defendant was accused of an offence under the section, and wished to raise a defence under sub-section 4, the duty of proof placed on him by the sub-section amounted to a duty to bring sufficient evidence to raise the defence, and the section did not transfer the burden from the prosecution. Held: To … Continue reading Regina v Clive Louden Carass: CACD 19 Dec 2001

Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie: HL 18 Jan 2001

The company sold its business to the respondent for one pound, but the respondent agreed to sublease computer equipment for an amount equivalent to the value of the company. The company defaulted, and the computer equipment was recovered. The respondent refused to pay under the sub-lease. The trustee of the company in liquidation sought to … Continue reading Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie: HL 18 Jan 2001

In Re A Debtor No 638-Io-1994: ChD 3 Dec 1998

A modification to an Individual Voluntary Arrangement made under a clause of the arrangement allowing variations and which variations could have been included in the original deed was valid. Citations: Times 03-Dec-1998 Statutes: Insolvency Act 1986 263 (4) Jurisdiction: England and Wales Insolvency Updated: 19 May 2022; Ref: scu.81674

Liquidators of Grampian Maclennan’s Distribution Services Ltd Reclaiming Motion By, v Carnbroe Estates Ltd: SCS 23 Jan 2018

First Division, Inner House, Court of Session – allegation of sale at an undervalue. The liquidator appealed a finding that as a speedy sale was required the sale price was proper. Held: The reclaiming notice was allowed. The sale of the company’s main place of business would not lead to a recovery. A person, once … Continue reading Liquidators of Grampian Maclennan’s Distribution Services Ltd Reclaiming Motion By, v Carnbroe Estates Ltd: SCS 23 Jan 2018

MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019

‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019

Macdonald and Others v Carnbroe Estates Ltd: SCS 18 Jan 2017

(Outer House) Allegation of sale at an undervalue – Carnbroe had established that the sale of the Property was made for adequate consideration. Lord Woolman recorded the submission which counsel made on behalf of Carnbroe that Grampian was fighting for its survival and that Mr Quinn had to make a quick decision. He continued: ‘While … Continue reading Macdonald and Others v Carnbroe Estates Ltd: SCS 18 Jan 2017

Lafferty Construction Ltd v McCombe: SCS 1994

Lord Cullen spoke of the meaning of ‘adequate consideration’ in section 242 of the 1986 Act: ‘In considering whether alienation was made for ‘adequate consideration’, I do not take the view that it is necessary for the defender to establish that the consideration for the alienation was the best which could have been obtained in … Continue reading Lafferty Construction Ltd v McCombe: SCS 1994

In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official … Continue reading In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

Re Core Cvt Plc and Others: ChD 22 Mar 2022

Claims under section 212(3) for alleged misfeasance or breach of duties against the Companies’ former liquidators in their respective members voluntary liquidations Judges: Insolvency and Companies Court Judge Burton Citations: [2022] EWHC 632 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212(4) Jurisdiction: England and Wales Insolvency Updated: 12 April 2022; Ref: scu.674645

Razzaq v Pala: QBD 6 Jun 1997

The forfeiture of a bankrupt’s lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a ‘security’ nor a ‘remedy’ within the meaning of those provisions, nor does it constitute ‘other proceedings’ or the execution of ‘other legal process’. The present law is … Continue reading Razzaq v Pala: QBD 6 Jun 1997

Child Maintenance and Enforcement Commission v Beesley and Another: ChD 11 Mar 2010

The agency challenged the inclusion in an individual voluntary arrangement of the father’s arrears of child support. The creditors meeting had approved a full and final settlement. 94% of the debts were arrears of child support. The Commission said that such arrears were not subject to the arrangement, and the arrangement was unfair to it. … Continue reading Child Maintenance and Enforcement Commission v Beesley and Another: ChD 11 Mar 2010

Shaw v Doleman: CA 1 Apr 2009

The landlord had taken a guarantee of the lease from the tenant when granting a licence to assign to the new tenant. That new tenant had become insolvent and the liquidator had disclaimed the lease. The court considered the position under Hindcastle after the 1995 Act. Held: The guaranteer’s appeal succeeded. The effect of the … Continue reading Shaw v Doleman: CA 1 Apr 2009