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In Re Insolvency Act 1986; Cork v Rawlins: ChD 27 Jun 2000

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 … Continue reading In Re Insolvency Act 1986; Cork v Rawlins: ChD 27 Jun 2000

Colt Telecom Group Plc, In the Matter of the Insolvency Act 1986: ChD 20 Dec 2002

The Hon Mr Justice Jacob [2002] EWHC 2815 (Ch), [2007] Lloyd’s Rep PN 23, [2003] BPIR 324 Bailii Insolvency Act 1986 England and Wales Citing: See Also – Highberry Limited, Highberry Llc v Colt Telecom Group Plc; in Re Colt Telecom Group plc (No 1) ChD 25-Nov-2002 Application for disclosure of documents, the provision of … Continue reading Colt Telecom Group Plc, In the Matter of the Insolvency Act 1986: ChD 20 Dec 2002

In re Seagull Manufacturing Co Ltd: ChD 1992

The court considered the power of an English court over a foreign resident under section 133. Held: In contrast with the private examination provisions, on its true construction section 133 applies to those who are within the class of persons specified in subsection (1), namely those who have voluntarily participated in the affairs of the … Continue reading In re Seagull Manufacturing Co Ltd: ChD 1992

Secretary of State for Employment v Spence: CA 1986

The employers went into receivership in November 1983. A number of the employees were made redundant but the receiver hoped to carry on with the remaining workforce until February. However, a major customer threatened to withdraw its custom unless the undertaking had been sold as a going concern by 24 November. Negotiations for a sale … Continue reading Secretary of State for Employment v Spence: CA 1986

In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993

The court has jurisdiction to order the public examination of a company director in in a compulsory liquidation about the affairs of the company, even though he might not be within the jurisdiction. The court found no reasons of comity which would prevent those who voluntarily were officers or otherwise participated in the formation or … Continue reading In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993

In Re Dicksmith (Manufacturing) Ltd (In Liquidation): ChD 7 Jul 1999

The power of a liquidator in voluntary liquidation proceedings, to apply to the court to be allowed to exercise powers normally reserved to a liquidator appointed by the court, extended beyond matters such as litigation to protect assets and ensure pari passu distribution among creditors. The power could also be used to allow an application … Continue reading In Re Dicksmith (Manufacturing) Ltd (In Liquidation): ChD 7 Jul 1999

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

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

Holder v The Law Society: Admn 26 Jul 2005

The applicant challenged the independence of the respondent’s disciplinary tribunal. Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The reasonable by-stander, properly informed of the facts, could not consider otherwise.’ The tribunal had properly considered all the evidence as to … Continue reading Holder v The Law Society: Admn 26 Jul 2005

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

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

Possible claims against a foreign company for misfeasance, or wrongful or fraudulent trading might be sufficient to justify proceedings here to wind up a foreign registered company. A second requirement is that some person within this jurisdiction would be likely to achieve a substantial benefit from such an action, and third was that some person … Continue reading 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

Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984. Judges: Lord Browne-Wilkinson Citations: Independent 26-Jul-1994, … Continue reading Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003

Judges: Lord Carloway Citations: [2003] ScotCS 304 Links: Bailii Statutes: Insolvency Act 1986 242 Jurisdiction: Scotland Cited by: See Also – Mathew Purdon Henderson ( Liquidator of Letham Grange Development Co Ltd) v 3052775 Nova Scotia Ltd OHCS 21-Apr-2004 . .See Also – Henderson v 3052775 Nova Scotia Limited IHCS 18-Feb-2005 . .See Also – … Continue reading Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003

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

Re Palmer (A Deceased Debtor), Palmer v Palmer: CA 6 Apr 1994

Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. The wife argued that by the doctrine of survivorship the house was already hers. The administrator … Continue reading Re Palmer (A Deceased Debtor), Palmer v Palmer: CA 6 Apr 1994

Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000

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 … Continue reading Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000

In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999

The tenant company went into liquidation, the receiver disclaimed the lease, and the landlord claimed compensation under the Act. The question concerned how the compensation was to be calculated. Held: Where a solvent tenant under an onerous lease goes into voluntary liquidation, and the liquidator disclaims the lease, the right to payment of rent disappears, … Continue reading In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999

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

Foxley v United Kingdom: ECHR 20 Jun 2000

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. … Continue reading Foxley v United Kingdom: ECHR 20 Jun 2000

Dora v Simper and Others: ChD 26 May 1999

A creditor’s claim to set aside an insolvent debtor’s transaction as being at an undervalue could not be pursued to benefit that creditor alone, and a plaintiff was not entitled to his full judgment and costs. A conspiracy claim was hard to establish. Citations: Times 26-May-1999 Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales … Continue reading Dora v Simper and Others: ChD 26 May 1999

Coutts and Co v Stock: ChD 24 Nov 1999

Where an ailing company continued to trade, section 127 operated as between the company and its directors and creditors, and not so as to invalidate payments made by the company’s bank on cheques drawn before the date of presentation of the petition, and honoured before the date of the winding up order. Accordingly when an … Continue reading Coutts and Co v Stock: ChD 24 Nov 1999

Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

Challenge to an unfair preference under section 243 of the 1986 Act Citations: [2000] ScotCS 209 Links: Bailii Statutes: Insolvency Act 1986 243 Jurisdiction: Scotland Cited by: Cited – 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, … Continue reading Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency … Continue reading Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

Biosource Technologies Inc v Axia Genetics Plc (In Administration): ChD 25 Nov 1999

The rule which prevents a company in administration being prosecuted without the leave of the court, was not intended only to restrict creditors. Here another company wanted to bring patent infringement proceedings, but were first to be required to obtain the court’s consent. Citations: Times 25-Nov-1999, Gazette 25-Nov-1999 Statutes: Insolvency Act 1986 11(3)(d) Insolvency, Litigation … Continue reading Biosource Technologies Inc v Axia Genetics Plc (In Administration): ChD 25 Nov 1999

Alsop Wilkinson v Neary and Others: ChD 4 Nov 1994

The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs through a Beddoe application. Held: Trustees who sought directions from the court on whether … Continue reading Alsop Wilkinson v Neary and Others: ChD 4 Nov 1994