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Aitken v Robson: SCS 6 Jan 1914

In a sequestration the creditors elected a trustee but failed to decide on the sufficiency of the caution, and the election of the trustee was never confirmed by the Sheriff. After the lapse of seven years, it being no longer competent under the Bankruptcy (Scotland) Act 1913 for the trustee to obtain confirmation, the Court, … Continue reading Aitken v Robson: SCS 6 Jan 1914

Sinclair v Brougham: HL 1914

An insolvent building society had, outside its powers, run a banking business. The House considered the competing claims of the unadvanced shareholders of the building society’s intra vires business, members of the society who had not been granted mortgages, and the depositors of its ultra vires banking business. The claims of all other creditors had, … Continue reading Sinclair v Brougham: HL 1914

The Farmers’ Mart Ltd v Milne: HL 16 Jul 1914

A firm of live-stock salesmen, agents, auctioneers, appraisers, and land-surveyors, agreed with their manager that he should be entitled, with their consent, to accept any appointment as factor, or trustee on, or other office involving the management of any estate, the fees so earned by him to be pooled with any fees or commissions earned … Continue reading The Farmers’ Mart Ltd v Milne: HL 16 Jul 1914

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

Re Dennis (A Bankrupt): CA 22 May 1995

A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor’s property in the trustee which occurred on adjudication was automatic; the trustee had no choice in the matter. ‘the debtor’s interest in the … Continue reading Re Dennis (A Bankrupt): CA 22 May 1995

In re Islington Metal and Plating Works Ltd: ChD 1983

Section 30 of the 1914 Act provided that ‘demands in the nature of unliquidated damages … shall not be provable in bankruptcy’. Tort claims were therefore excluded as provable debts by the express wording of the Act. Judges: Harman J Citations: [1984] 1 WLR 14, [1983] 3 All ER 218, [1983] BCLC 215, [1983] Com … Continue reading In re Islington Metal and Plating Works Ltd: ChD 1983

Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt: PC 11 Jan 2005

PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas. Held: In earlier times, Acts of the English parliament were readily held to apply throughout the Empire. Over time two other … Continue reading Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt: PC 11 Jan 2005

Re Osborn: 1931

An Isle of Man trustee in bankruptcy was seeking the assistance of the English court in relation to the bankrupt’s immovable property in England. Held: Section 122 was to be given a cautious interpretation. Judges: Farwell J Citations: [1931-2] B and CR 189 Statutes: Bankruptcy Act 1914 122 Cited by: Cited – Al Sabah and … Continue reading Re Osborn: 1931

Re A Debtor (Order in Aid No 1 of 1979) ex parte Viscount of the Royal Court of Jersey: 1981

The court noted the differences in bankruptcy law between England and Jersey: ‘The word ‘bankruptcy’ in section 122, if indeed it refers at all to process of bankruptcy, must, in my judgment, be construed in a wide sense, for the section is designed to produce co-operation between courts acting under different systems of law, and … Continue reading Re A Debtor (Order in Aid No 1 of 1979) ex parte Viscount of the Royal Court of Jersey: 1981

Trustee of the Property of F C Jones and Sons (A Firm) v Jones: CA 13 May 1996

A bankruptcy order was made in 1984. Under the 1914 Act the trustee in bankruptcy got title to all the assets of the bankrupt as of the date of the act of bankruptcy. So, the trustee owned the partnership assets. The wife drew andpound;11,700 out of those assets and invested in potato futures. By November … Continue reading Trustee of the Property of F C Jones and Sons (A Firm) v Jones: CA 13 May 1996

Re Abbot (A Bankrupt), ex parte Trustee Of The Property Of The Bankrupt v Abbot: QBD 1983

An ancillary relief order was made in December 1978, following a compromise agreement. It provided for the sale of the former matrimonial home and the payment to the wife from the proceeds of sale of andpound;18,000. The husband was adjudicated bankrupt in May 1980. The trustee applied for an order declaring that the order was … Continue reading Re Abbot (A Bankrupt), ex parte Trustee Of The Property Of The Bankrupt v Abbot: QBD 1983

In re Cutts (a bankrupt); Ex parte Bognor Mutual Building Society: CA 1956

Decisions are often made not for a single reason but for a number. The phrase ‘with a view of’ a fraudulent preference was given to one creditor over others, it required it to be established what the person’s dominant intention was.Lord Evershed MR said: ‘If a debtor, knowing himself to be insolvent and knowing also … Continue reading In re Cutts (a bankrupt); Ex parte Bognor Mutual Building Society: CA 1956

Mond and Another v Hammond Suddards and Another: CA 15 Jun 1999

The court does not have power to order the payment of a liquidator’s costs which had not been properly incurred. The costs of unsuccessful litigation were not recoverable in priority to a secured creditor in priority to the charge. As to rule 7.47(1) of the Rules: ‘But, since the point has been raised and may … Continue reading Mond and Another v Hammond Suddards and Another: CA 15 Jun 1999

In Re Berkeley Securities (Property) Ltd: ChD 1980

Vinelott J considered the position where tort damages became liquidated by judgment or agreement during the winding-up. He held that in those circumstances the bankruptcy rules imported by section 317 required modification to fit into the scheme of the winding-up of an insolvent company and did not preclude the admission of the claim for the … Continue reading In Re Berkeley Securities (Property) Ltd: ChD 1980

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993

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

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited: ChD 21 Dec 2004

The claimants sought damages from the defendant. He had been employed to manage their horse-racing activities, and it was alleged that he had made secret profits. The defendant denied any dishonesty, saying all matters were known to the deceased principal of the claimants. Held: The defendant had withheld disclosure of his possible personal interests in … Continue reading Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited: ChD 21 Dec 2004

Foskett v McKeown and Others: HL 18 May 2000

A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, vested in trustees for his children. After his death, the … Continue reading Foskett v McKeown and Others: HL 18 May 2000

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

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index