swarb.co.uk - law index
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Insolvency - From: 2000 To: 2000
This page lists 61 cases, and was prepared on 08 August 2015.
Chalk -v- Kahn [2000] 2 BCLC 361
2000
Insolvency
1 Cites
1 Citers
Khan v Mortgage Express [2000] BPIR 473
2000
Insolvency
Secured creditors who had proved in respect of the expected shortfall over the value of their security, were not prevented from realising their security over and above its expected value.
1 Citers
In re Glen Express Ltd [2000] BPIR 456
2000
ChD
Neuberger J
Insolvency
The rule against double proof is implicit in the Insolvency Act 1986, and "remains good law. It is an overarching principle which still applies to insolvency, and nothing in Stein v Blake [1996] AC 243 calls it into question."
1 Citers
Turner -v- Royal Bank of Scotland [2000] BPIR 683
2000
CA
Chadwick LJ
Insolvency
The court was asked whether a debtor could pursue at the hearing of the bankruptcy petition a challenge to the petition debt on grounds which had already failed on an earlier application to set aside the statutory demand.
1 Cites
1 Citers
Ord -v- Upton; CA 7-Jan-2000 - Times, 11 January 2000; Gazette, 07 January 2000; [2000] Ch 352; [2000] 1 All ER 193; [2000] 2 WLR 755
Latreefers Inc. -v- Tangent Shipping Company Ltd [2000] EWHC 196 (Comm)
1 Feb 2000
ComC
Langley J
Insolvency
[ Bailii ]
Gwembe Valley Development Co Ltd (In Receivership) -v- Koshy and Others Times, 08 February 2000; Gazette, 16 March 2000
8 Feb 2000
ChD
Insolvency, Costs
A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver did not, in the absence of explicit limitations to the contrary exhaust the power to appoint receivers.
1 Cites
1 Citers
In Re Maxwell Fleet and Facilities Management Ltd Gazette, 10 February 2000; Times, 23 February 2000
10 Feb 2000
ChD
Insolvency, Employment, Company
Although regulation 4 went beyond the obligations imposed by the Directive, it was intended to protect employee rights who were employed by companies which were hived down. In this case the sale of the business to a subsidiary and then onto a third party was to be treated as one transaction, and the regulations applied.
Transfer of Undertakings (Protection of Employment) Regulations 1981 (1981 No 1794)
Environment Agency -v- Paul Clark (As Administrator of Rhondda Waste Disposal Limited) Times, 02 March 2000; [2000] EWCA Civ 38
10 Feb 2000
CA
Insolvency, Company, Environment
A waste disposal company was in insolvent administration. The Environment Agency sought to prosecute it for breaches of criminal law relating to its licenses. Held: The bar on proceedings against a company in administration operated for criminal as well as civil proceedings. The section was intended to allow the company a breathing space. Nevertheless, a prosecution could be brought with leave.
Insolvency Act 1986 10
[ Bailii ]
In Re A Debtor (No 87 of 1999); Debtor -v- Johnston; ChD 14-Feb-2000 - Times, 14 February 2000; Gazette, 17 February 2000; [2000] BPIR 589
Shephard -v- Wheeler; ChD 15-Feb-2000 - Times, 15 February 2000
Mahomed & Another -v- Morris and Others [2000] EWCA Civ 46
17 Feb 2000
CA
Insolvency, Company
Insolvency Act 1986 168(5)
1 Cites
[ Bailii ]
Levy -v- Legal Aid Board Gazette, 24 February 2000; Gazette, 16 March 2000
24 Feb 2000
ChD
Costs, Legal Aid, Insolvency
Although an order for costs might in some circumstances not be provable in an insolvency, that did not prevent a statutory demand based upon that debt. Whether it was provable would become clear in the later insolvency proceedings. The court had a discretion to found a petition on an unproveable debt where there were special circumstances such as, for example other debts which were provable.
Insolvency Rules 1986/1925 12 3 (2) (a)
Fletcher -v- Vooght; BC 28-Feb-2000 - Gazette, 23 March 2000
In Re FJL Realisations Ltd Gazette, 02 March 2000; Times, 21 March 2000
2 Mar 2000
ChD
Insolvency
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, and these took precedence over the expenses of administration.
Insolvency Act 1986 19(4) 19(5) 19(6)
1 Cites
1 Citers
Ashe -v- Mumford and Others; ChD 7-Mar-2000 - Times, 07 March 2000; Gazette, 09 November 2000
Stocznia Gdanska SA -v- Latreefers Inc; In re Latrefeers Inc; Stocznia Gdanska SA -v- Latvian Shipping Co and others (No 2); CA 15-Mar-2000 - Times, 15 March 2000; [2000] EWCA Civ 36; [2001] 2 BCLC 116
Pollard and Another -v- Ashurst; ChD 16-Mar-2000 - Times, 16 March 2000
The Ruta Times, 21 March 2000; Gazette, 23 March 2000
21 Mar 2000
QBD
Insolvency, Transport, Employment
Where a ship-owner became insolvent, and the only remedy for unpaid employees was against the proceeds of sale of the ship, such claims would be granted a priority over lienors of the ship. No formal system can be created compartmentalising such competing claims, but it was characteristic that the employees on the ship once engaged had had to continue. Where several ships were damaged in what was one incident they should be ranked equally.
In Re Bellmex International Ltd Gazette, 23 March 2000; Times, 31 March 2000
23 Mar 2000
ChD
Evans-Lombe J
Insolvency
The liquidator of a company in a creditors voluntary liquidation, and which had been importing cigarettes received a proof of debt from a company in Zimbabwe. The liquidator suspected that the proof relied upon a false declaration in denying that true country of origin of the cigarettes to avoid import duty, and sought an order for the examination of the company's director and its books. Held: The court said that inspection was unnecessary. The liquidator should rather reject the proof if he believed it to be incorrect or doubtful, leaving the claimant to appeal, and prove his debt fully. In this case the director had offered to be interviewed, and the likely sums to be realised were nil. An order under section 236 should only be made it it was clearly necessary to make one. An order for costs on an indemnity basis was made against the liquidator.
Insolvency Act 1986 236
1 Cites
Mulkerrins -v- Pricewaterhousecoopers (A Firm) Times, 29 March 2000; Gazette, 06 April 2000
29 Mar 2000
ChD
Insolvency
Where a bankrupt wished to pursue an action held for him personally rather than his creditors. Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the trustee as a co-defendant and to commence the action under his own name.
Insolvency Act 1986 303
1 Cites
1 Citers
In Re Toshoko Finance Uk Plc; CA 29-Mar-2000 - Times, 29 March 2000; Gazette, 14 April 2000
Regina -v- P Times, 29 March 2000
29 Mar 2000
CACD
Insolvency
A court could properly look at the degree of a bankrupt's behaviour in gambling so as to materially either contribute to or materially increase the extent of his insolvency by gambling or reckless speculation, and if such behaviour was found the defendant could commit the offence. The word materially was intended to apply to either limb of the statutory offence.
Insolvency Act 1986 362 (1)(a)
Rogers and Another -v- Rhys Evans (a Firm) and Others [2000] EWHC Admin 312
30 Mar 2000
Admn
Insolvency, Litigation Practice
The claimant appealed a striking out of his action for professional negligence against the defendant firm of solicitors. He had obtained judgment by default, but had been shown not properly to have served proceedings. He was also a bankrupt at the relevant time and unable to commence the actions. It was then decided that the action was an abuse of process in that the claimant had not proceeded. Striking out an action where there has been a default judgment is a Draconian power and should only be granted in a strong case. In this case, because of the several complications, the delay was not inexcusable. Appeal allowed
[ Bailii ]
Holdenhurst Securities Plc -v- Cohen and Another [2000] EWHC 226 (Comm)
31 Mar 2000
ComC
Insolvency, Company
[ Bailii ]
John William Alexander Dennison -v- Gerald Maurice Krasner Leslie Hugh Lesser -v- Peter Anthony Lawrence Times, 18 April 2000; Gazette, 11 May 2000; [2000] EWCA Civ 112; [2001] Ch 76
6 Apr 2000
CA
Chadwick LJ
Insolvency, Financial Services
A retirement annuity or personal pension was part of a bankrupt's estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment order before those assets could be made available to the creditors. Acts of Parliament had at various times exempted certain kinds of pension assets from being available in this way, typically by avoiding assignments, but for this kind of pension this only happened in 1999. Chadwick LJ: ". . . in construing the relevant provisions of the [Insolvency Act 1986] the court should follow the approach indicated by Lord Diplock in Garland v British Rail Engineering Ltd [1983] 2 AC 751 at 755, and construe the words of the statute, if they are reasonably capable of bearing such a meaning, as intended to carry out an international obligation which the United Kingdom has assumed under a treaty or convention and not so as to be inconsistent with that obligation."
Insolvency Act 1986 306 (1) 310 - Welfare Reform and Pensions Act 1999
1 Cites
1 Citers
[ Bailii ]
In Re A Debtor (No 647-Sd-1999); ChD 10-Apr-2000 - Times, 10 April 2000
Triffitt Nurseries and others -v- Salads Etcetera and others [2000] EWCA Civ 134
18 Apr 2000
CA
The Master Of The Rolls Mrs Justice Smith Lord Justice Robert Walker
Agency, Insolvency
[ Bailii ]
Smith (a Bankrupt) -v- Ian Simpson & Co (a Firm) and another Times, 24 April 2000
24 Apr 2000
CA
Insolvency
An offer to make payment of a debt which was in effect a conditional tender was not sufficient to halt the creditor's petition on the debt. The statutory condition that the debt 'has neither been paid nor secured or compounded' did not include a payment which was to be avoided if the bankruptcy order was made.
Application By Glasgow City Council Under Section 60 of the Debtors (Scotland) Act 1987 for a Conjoined Arrestment Order [2000] ScotSC 12
1 May 2000
ScSf
Scotland, Insolvency
Debtors (Scotland) Act 1987
[ Bailii ] - [ ScotC ]
In Re Brefec Installations Ltd (In Liquidation); ChD 18-May-2000 - Gazette, 18 May 2000
Dacorum Borough Council -v- Horne; CA 26-May-2000 - Times, 14 June 2000; [2000] EWCA Civ 178
Mirror Group Newspapers Plc -v- Maxwell and Others; ChD 30-May-2000 - Times, 30 May 2000; Gazette, 08 June 2000
ANC Ltd -v- Clark Goldring and Page Ltd and Another Times, 31 May 2000
31 May 2000
CA
Contract, Insolvency
The assignment of the fruits of an action for damages was a sale of property within section 436 of the Act, it was not within the exemption for champerty provided by the Act to a liquidator which arose from the statutory power of sale. The assignment of a cause of action assigned the right to pursue an action, but an assignment of the fruits of an action took place only in equity, and the assignee acquired no interest in the action itself.
Insolvency Act 1986 436
Foxley -v- United Kingdom Times, 04 July 2000; (2001) 31 EHRR 637; 33274/96; [2000] ECHR 223; [2000] ECHR 224
20 Jun 2000
ECHR
Human Rights, Insolvency, Legal Professions
A bankrupt was suspected of disposing of his assets to avoid a confiscation order. The trustee in bankruptcy obtained an order for the bankrupt's post to be diverted to her whilst he was in prison. She opened all post and copied it before forwarding it to the bankrupt. This included correspondence with his legal advisers. The order and her practice infringed the bankrupt's human rights insofar as no distinction was made with respect to correspondence protected by legal privilege, and insofar as the order continued in effect after the bankrupt's discharge. "The Court can see no justification for this procedure and considers that the action taken was not in keeping with the principles of confidentiality and professional privilege attaching to relations between a lawyer and his client. It notes in this connection that the Government have not sought to argue that the privileged channel of communication was being abused; nor have they invoked any other exceptional circumstances which would serve to justify the interference with reference to their margin of appreciation."
Insolvency Act 1986 371 - European Convention on Human Rights
1 Citers
[ Bailii ] - [ Bailii ]
In Re Insolvency Act 1986; Cork -v- Rawlins Gazette, 06 July 2000; Times, 27 June 2000
27 Jun 2000
ChD
Insurance, Insolvency
The proceeds of a permanent disability benefit insurance policy were not calculated according to the pain and suffering of the bankrupt, and were therefore distributable amongst his creditors. There was no part of it held on constructive trust for the bankrupt by the insurance company. The sums were distributable even though a decision as to the claim was made only after the discharge.
Harmon CFEM Facades (UK) Ltd -v- The Corporate Officer of the House of Commons Gazette, 20 July 2000; [2000] EWHC Technology 84
29 Jun 2000
TCC
Insolvency, Company, Litigation Practice, Landlord and Tenant
The company began a claim for damages for the failure to complete an award of a contract, but then went into voluntary liquidation. The defendant refused payment claiming that it would be used only for payment of the insolvency practitioner's costs. The new CPR rules disapplied old assumptions, and the overriding objective should apply. An interim payment was ordered limited to reflect the risk of a failure to secure recovery in the case of a failure of the action.
1 Cites
1 Citers
[ Bailii ]
Clements and Another -v- Udall Times, 07 July 2000; Gazette, 27 July 2000
7 Jul 2000
ChD
Insolvency
Where in an insolvency an office holder was not carrying out his prescribed functions, it was open to the court itself to appoint others to such tasks as were required. The power existed both under the court's inherent jurisdiction, and under the Act. An application should be on notice save in emergency, but the court could make temporary appointments pending the on notice hearing.
National Westminster Bank Plc -v- Jones and Others; ChD 7-Jul-2000 - Times, 07 July 2000; Gazette, 13 July 2000
Kaneria, Kaneria -v- Patel, Kaneria, Kaneria, Kaneria, Kaneria, Guidezone Ltd Sub Nom In The Matter Of Guidezone Ltd (2000) (2000) 2 BCLC 321
13 Jul 2000
Jonathan Parker J
Company, Insolvency
cw The petitioners' case was that they had a legitimate expectation that the company's business would be sold, either by virtue of an agreement to that effect or at their request, was not made out on the facts.
1 Citers
In Re A Debtor (No 101 of 1999); ChD 27-Jul-2000 - Times, 27 July 2000; Gazette, 27 July 2000
Carter-Knight (A Bankrupt) -v- Peat Times, 11 August 2000; Gazette, 27 July 2000
27 Jul 2000
ChD
Insolvency
The applicant had fallen into arrears with the voluntary arrangement, and the supervisor petitioned for bankruptcy. Before the hearing the debtor paid off the arrears, but the supervisor asked to continue with the petition. However in this case the judge had failed to give reasons for his decision, and the case was remitted to another district judge to be reheard.
Parke -v- The Fenton Gretton Partnership Unreported, 2 August 2000
2 Aug 2000
ChD
HHJ Boggis QC
Insolvency
The defendant creditor had obtained an adjudicator's decision against the debtor on its final account claim, but the debtor had little notice of the adjudication. At the application to set aside the statutory demand, Mr Parke had already commenced proceedings in the TCC arguing that the true final account showed a balance payable in his favour, but the District Judge was not made aware of this fact. Held: This factor of the counterclaim allowed the court to look at the matter afresh. Although the adjudication created a debt which failed to be treated in the same way as a judgement, nonetheless Mr Parke had a valid cross claim. Responding to an argument that to allow Mr Parke to rely on the cross claim would be contrary to the scheme of the 1996 Act, the Judge said: 'In my judgment it cannot be right that an employer or main contractor can be made bankrupt when it is known that he has proper proceedings on foot which, if successful, will result in a payment to him. I do not accept that the scheme of the 1996 Act is that an adjudication can be pursued to bankruptcy no matter the underlying state of account. The court would be required to close its eyes to the overall position, which in the context of bankruptcy is in my judgment wrong in principle.' A bankruptcy court should not allow the winning party in a construction arbitration to bring insolvency proceedings against the losing party where there was a genuine cross-claim.
Housing Grants Construction and Regeneration Act 1996
1 Citers
In Re FJL Realisations Ltd; CA 2-Aug-2000 - Times, 02 August 2000; Gazette, 03 August 2000
Bouygues (Uk) Ltd -v- Dahl-Jensen (Uk) Ltd (In Liquidation) Times, 17 August 2000; Gazette, 14 September 2000; [2000] BLR 522
17 Aug 2000
CA
Chadwick LJ
Construction, Arbitration, Commercial, Insolvency
When the decision of an adjudicator was challenged, the court should ask whether the adjudicator had either asked the right question but in the wrong way, or whether he had even answered the wrong question. The procedure was intended to provide a quick and summary disposal, but that procedure might not be appropriate in cases involving insolvency of one party and or cross claims. Any creditor who owes a debt to an insolvent company, no matter how long overdue, may set off that debt in full against his own claim in the liquidation.
Housing Grants Construction and Regeneration Act 1996 108
1 Cites
1 Citers
In Re Burfoot and Another (Bankrupts) Times, 17 August 2000
17 Aug 2000
ChD
Insolvency, Costs
A general followed by a specific assignment of book debts anticipating a bankruptcy was effective against the trustee in bankruptcy. The specific assignments were not for an undervalue, and were intended to give effect to and perfect the general assignment. The transactions would have effective in the reverse order, and should not be avoided. The assignee having failed to say how much was at stake despite repeated requests could not rely upon an assertion that he was under no obligation to disclose the figure to recover his costs despite winning the argument.
Secretary of State for Trade and Industry and Another -v- Arum Marketing Ltd and Another; CA 31-Aug-2000 - Gazette, 31 August 2000
In Re A Debtor (No 303 of 1997); ChD 3-Oct-2000 - Times, 03 October 2000
Hunt -v- Peasegood Times, 20 October 2000
20 Oct 2000
CA
Litigation Practice, Insolvency
Where permission to appeal had been granted, an application to set aside that permission had to be considered only where there existed compelling reason for that reconsideration. The issues for the grant were the overriding objective of litigation and whether an appeal offered a real prospect of success. If that existed, permission was to be granted. If not then it should be refused. The cases of Iran Nabuvat [1990] 1 WLR and Smith v Cosworth Casting Processes Ltd ([1997] 4 All ER 840) remained applicable.
Bank of Ireland -v- Hollicourt (Contracts) Limited Times, 01 November 2000; Gazette, 23 November 2000; [2000] EWCA Civ 263
20 Oct 2000
CA
Insolvency, Banking
A bank continued to pay on cheques presented to it against the company's bank account even after the presentation of a petition for bankruptcy. The liquidator sought recovery of the amounts paid from the bank as well as the payees. It was held that the legislation made the disposition void, but that did not operate in the way claimed. The company had already by making out the cheques ordered its bank as agent to pay on them, and the bank had no beneficial interest it could dispose of. These need not be affected by whether the account was in credit. The automatic retrospective avoidance was limited by the terms of the section its purpose.
Insolvency Act 1986 127
1 Cites
1 Citers
[ Bailii ]
Morris -v- Banque Arab et Internationale D'Investissment SA (No 2); ChD 26-Oct-2000 - Times, 26 October 2000; Gazette, 02 November 2000
Cadogan Estates Limited -v- McMahon; HL 26-Oct-2000 - Times, 01 November 2000; Gazette, 09 November 2000; Gazette, 16 November 2000; [2000] 3 WLR 1555; [2000] UKHL 52; [2001] 1 EGLR 47; [2001] BPIR 17; [2001] 1 AC 378; (2001) 81 P & CR DG11; (2001) 33 HLR 42; [2000] 4 All ER 897; [2001] L & TR 2; [2000] NPC 110; [2000] EG 119; [2001] 06 EG 164
Lewis -v- Commissioner of Inland Revenue and others Gazette, 30 November 2000; [2000] EWCA Civ 274; [2001] 3 All ER 499
2 Nov 2000
CA
Peter Gibson LJ
Insolvency, Company, Costs
The liquidator in a creditor's voluntary liquidation sought a direction that he could take his costs of pursuing former directors in actions for wrongful trading and preferences, out of realised funds. It was held that nothing in the rules or Act supported the contention that such costs would be expenses of the voluntary winding up. There was no automatic priority of such expenses over preferential creditors, and the liquidator must look to the court's discretion to recover any such costs."Rule 4.218 tells us both what are the expenses to be treated as the expenses of a winding up and what priority they have inter se."
Insolvency Act 1986 - Insolvency Rules 1986 (SI 1986 No 1925) 4.218(1) 4.220(1)
1 Citers
[ Bailii ]
In Re A Debtor (2672 of 2000); ChD 2-Nov-2000 - Gazette, 02 November 2000; Times, 05 December 2000
In The Matter Of Ecocolor Limited, Doros Michael Kranidiotes -v- Paul Paschali; Ecocolor Limited [2000] EWCA Civ 380
8 Nov 2000
CA
Company, Insolvency
[ Bailii ]
Levy -v- Legal Services Commission (Formerly the Legal Aid Board) Gazette, 30 November 2000; Times, 01 December 2000; [2000] EWCA Civ 285
10 Nov 2000
CA
Insolvency, Family, Legal Aid
A costs order made in the course of family proceedings had the same protection against enforcement through insolvency proceedings as do other family orders. No provable bankruptcy debt arose because it was made under an order in family proceedings. There were no special circumstances to require the court to exercise its discretionary jurisdiction to found a bankruptcy petition on a non-provable debt. A party served with a statutory demand based upon a non-provable debt has the right to have the demand set aside, since there was no realistic prospect of a bankruptcy order following.
Insolvency Rules 1986/1925 12.3(2)(a)
[ Bailii ]
Pollard and Another -v- Ashurst; CA 21-Nov-2000 - Gazette, 18 January 2001; Times, 29 November 2000; [2000] EWCA Civ 291
In Re Kudos Glass Ltd (In Liquidation) Times, 30 November 2000; Gazette, 18 January 2001
30 Nov 2000
ChD
Company, Insolvency
The identity of the petitioner was crucial in determining whether a company voluntary arrangement had been determined, and its trusts discharged by a winding up order. The company's voluntary arrangement would be determined on the winding up order where the petitioning creditor supervised the arrangement or a creditor bound by the arrangement or, if the petition creditor was not a party, where the supervisor was obliged to bring the petition himself but had failed to do so. It all depends upon the circumstances, the terms of the scheme, and the conduct of the bound creditors. Insolvency legislation would decide what was implied as to the state of the trusts.
In Re Pantmaenog Timber Company Ltd; ChD 15-Dec-2000 - Gazette, 15 December 2000; Times, 23 November 2000
Somji -v- Cadbury Schweppes Plc; CA 20-Dec-2000 - Gazette, 22 February 2001; Times, 16 January 2001; [2000] EWCA Civ 340; [2001] 1 WLR 615; [2001] 1 BCLC 498
Cork -v- Rolph Times, 21 December 2000
21 Dec 2000
ChD
Insolvency
The applicant was an insolvency practitioner, appointed as liquidator in some 116 insolvencies. He was moving to a different firm, and sought to be relieved from his duty to act in these cases. Such applications must be judged on their individual merits. In this case, his new duties would detract from his ability properly to supervise the liquidations, and he had not taken with him the staff who had been employed in dealing with the cases. Those factors suggested that it would be more economic to transfer the appointments. In this case, it was satisfactory to merely advertise the change of appointments, rather than to write to each creditor individually.
