The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients of the tort of negligence . . are established, the claimants are … Continue reading In re T and N Ltd and Others, Re Insolvency Act 1986: ChD 14 Dec 2005
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The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the declaration of trust was ineffective as a transaction at an undervalue. The … Continue reading Ramlort Ltd v Michael James Meston Reid: CA 8 Jul 2004
Judges: David Cooke J Citations: [2010] EWHC 24 (Ch), [2010] BPIR 289 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: 13 October 2022; Ref: scu.392877
Challenge to sale of house as at an undervalue. Citations: [2007] EWHC 405 (Ch), [2008] 2 WLR 283 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.251816
Judges: Judge Jonathan Richards Citations: [2021] EWHC 220 (Ch) Links: Bailii Statutes: Insolvency Act 1986 339 423 Jurisdiction: England and Wales Insolvency Updated: 09 August 2022; Ref: scu.658054
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
On the divorce, the husband was ordered to transfer his share in the house to the wife. On his bankruptcy shortly after, the order was confirmed. After the wife sold the property at a profit, the trustee in bankruptcy applied to set the transfer aside as a transaction at an undervalue. Held: The starting point … Continue reading Haines v Hill and Another: CA 5 Dec 2007
Trustee’s application to have set aside a gift at an undervalue. Citations: [2008] EWHC 3348 (Ch), [2009] BPIR 320 Links: Bailii Statutes: Insolvency Act 1986 339 423 Jurisdiction: England and Wales Insolvency Updated: 30 June 2022; Ref: scu.304553
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later on his own petition. The trustees appealed refusal of the court to set … Continue reading Hill and Another v Haines: ChD 3 May 2007
H had transferred his interest in the jointly owned matrimonial home to W for her promise to have sole liability for the mortgage debt. Nearly a year later her divorce claim for capital provision was dismissed by consent on the basis that H had already transferred his interests to W. H was bankrupted, and his … Continue reading Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993
The bankrupt, while solvent had acquired a property which was first put in his own sole name, but then transferred to his wife outwardly ‘in consideration of love and affection’. Several years later, on the bankruptcy, the trustee sought to have the transaction set aside. The bankrupt, now discharged, said that in fact the original … Continue reading Stonham v Ramrattan and Another: CA 16 Feb 2011
Application by liquidators to be excused compliance with section 176A. Judges: Blackburne J Citations: [2008] EWHC 2339 (Ch) Links: Bailii Statutes: Insolvency Act 1986 176A(5) Jurisdiction: England and Wales Insolvency Updated: 19 July 2022; Ref: scu.276790
The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and there had been no assignment of the benefit of the order. Held: The … Continue reading Coulter v Chief Constable of Dorset Police: ChD 12 Dec 2003
The court examined the extent of the Judge’s discretion on hearing an application to set aside a statutory demand. When property was valued for the purposes of a statutory demand, it should be as on a forced sale. A ‘forced sale’ was taken as one requiring completion within four months. The judge, in dealing with … Continue reading Platts v Western Trust and Savings Ltd: CA 9 Jun 1993
Applications for the appointment of a provisional liquidator pending the hearing of various petitions for the winding up of a group of companies, on the public interest ground Judges: Marcus Smith J Citations: [2017] EWHC 3636 (Ch) Links: Bailii Statutes: Insolvency Act 1986 135 Jurisdiction: England and Wales Company, Insolvency Updated: 05 April 2022; Ref: … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Rigil Kent Acquisitions Ltd and Others: ChD 19 Dec 2017
Deputy Insolvency and Companies Court Judge Kyriakides [2021] EWHC 3393 (Ch) Bailii Insolvency Act 1986 282(1)(a) England and Wales Insolvency Updated: 08 January 2022; Ref: scu.670670
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006
Application made by the trustees in bankruptcy in the context of an application which was made by Insolvency Act notice dated 29 January 2019, for relief in relation to two payments to the fourth and fifth respondents respectively under Sections . .
