Judges: Sir Martin Nourse Lord Justice Rix Lord Justice Maurice Kay Citations: [2006] EWCA Civ 203 Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 01 May 2022; Ref: scu.239822
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
Officer holder’s rights of action Judges: Snowden J Citations: [2020] EWHC 2917 (Ch), [2020] WLR(D) 593 Links: Bailii, WLRD Jurisdiction: England and Wales Insolvency Updated: 07 April 2022; Ref: scu.655620
Citations: [2017] ScotCS CSOH – 129 Links: Bailii Jurisdiction: Scotland Insolvency Updated: 01 April 2022; Ref: scu.598631
Administrators application to court to be allowed to communicate with company’s customers by email. Judges: Purle QC HHJ Citations: [2017] EWHC 870 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 24 March 2022; Ref: scu.581962
[2015] ScotCS CSOH – 165 Bailii Scotland Insolvency Updated: 09 January 2022; Ref: scu.558162
Application on behalf of the administrators seeking a declaration relating to the centre of main interests (‘COMI’) for each of the companies. Birss J [2015] EWHC 121 (Ch) Bailii Insolvency Act 1986 SchB1 68(2) England and Wales Insolvency Updated: 27 December 2021; Ref: scu.541757
[2014] EWHC 2614 (Ch) Bailii England and Wales Insolvency Updated: 22 December 2021; Ref: scu.538047
His Honour Judge Purle, QC [2013] EWHC 1685 (Ch) Bailii England and Wales Insolvency Updated: 13 December 2021; Ref: scu.510951
The Honourable Mr Justice Peter Smith [2002] EWHC 2784 (Ch) Bailii Insolvency Act 1986 England and Wales Insolvency Updated: 06 December 2021; Ref: scu.178538
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
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Application by the Administrators of ipagoo LLP seeking directions as to the distribution of assets. . .
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The insolvent company held assets for its clients. The liquidators proposed a scheme of arrangement which would allow them protection.
Held: The 2006 Act was to allow arrangements between a company and its creditors. The company’s former . .
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Adjourned administration application. . .
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The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour.
Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but . .
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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 . .
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The Administrators sought directions in relation to the treatment of redundancy payments which will be due if the Administrators terminate the contracts of certain employees of the Companies.
Held: The liability of administrators to pay out . .
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The company raced in the Formula 1 series. Its main sponsors had been British American Tobacco, but because of restrictions of tobacco advertising, the company lost substantial revenue and fell in to loss, and entered into an individual voluntary . .
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A report prepared on support of an application for an administration order need not always be detailed. Citations: Ind Summary 21-Feb-1994 Statutes: Insolvency Rules 1986 2.2 Jurisdiction: England and Wales Insolvency Updated: 19 May 2022; Ref: scu.84991
When being asked to set aside a statutory demand, and exercising the statutory discretion, the real question is whether the applicant can show ‘a substantial reason comparable to the sort of reason one sees in paras (a), (b) and (c) of r 6.5(4), why the demand ought to be set aside.’Peter Gibson LJ said: ‘The … Continue reading Budge v AH Budge (Contractors) Ltd: CA 1997
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
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
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
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
The High Court can appoint an insolvency practitioner to act in emergency in many matters. Citations: Gazette 12-Mar-1997 Statutes: Insolvency Act 1986 108(1) Insolvency Updated: 08 April 2022; Ref: scu.81687
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
(Supreme Court of the Republic of Ireland) A debenture conferred a fixed charge on book debts. It specifically provided that withdrawals from the account to which the proceeds of the book debts had to be credited might only be made with the prior consent in writing of the Bank. This additional restriction on the ordinary … Continue reading In Re Keenan Bros Ltd: 1986
‘the circumstances in which a person who was a director of a company when it went into insolvent liquidation may be brought within an exception to the provisions of sections 216 and 217 of the Insolvency Act 1986 (‘the Act’) – provisions which would . .
Reserved judgement on an application by administrators for an order pursuant to section 236 of the Insolvency Act 1986 seeking provision of a wide range of documents from the respondent building contractors. . .
The claimant factors sought to attach personal liability to the debts of the company to the defendant director saying that he was in breach of section 216. . .
The statement was issued as a gloss on the 1994 practice statement. A party wishing to restrict access to all or any part of an independent report prepared in support of an application for an administration order must be ready to support their . .
(Orse In re Pantmaenog Timber Co Ltd)
The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings.
Held: The appeal succeeded. The Act had . .
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 . .
A waste management licence is ‘property’ for the purposes of the Act. . .
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Directors liability to compensate on insolvency for own negligence. ‘In my view, the duty of care owed by a director at common law is accurately stated in s 214(4) of the Insolvency Act 1986. It is the conduct of – ‘a reasonably diligent person . .
Interpretation of the phrase ‘has had a place of residence’ in section 263I(2)(b) of the Insolvency Act 1986. . .
Decision on two reserved CMC matters: The first relates to the costs of a re-amendment to plead foreign law; the second is an application to strike out or for summary judgment in respect of a claim under s. 423 Insolvency Act 1986. . .
Short but somewhat difficult point under the provisions governing the vesting of disclaimed property of a bankrupt’s estate under section 320 of the Insolvency Act 1986 . .
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.’ . .
Liquidators sought production of documents pursuant to sections 235 and 236 of the Insolvency Act 1986 from the accountants of the company for which the liquidators were appointed, . .
Application by the Company and its liquidator seeking declarations in relation to certain payments, pursuant to section 212 of the Insolvency Act 1986 and consequential orders against the First Respondent and the Second Respondent, both of whom were . .
Application under section 6 of the Insolvency Act 1986 for an order that the approval of a Company Voluntary Arrangement in respect of the second respondent given by a meeting of creditors be revoked on the grounds that there was material . .
Directors’ application for an administration order under the provisions of Schedule B1 of the Insolvency Act 1986. . .
Claim for relief under s.423 of the Insolvency Act 1986 – sale of a property at an undervalue . .
Application for an order under paragraph 71 of Schedule B1 to the Insolvency Act 1986 (as amended) seeking the court’s permission to dispose of the freehold land known as Pier Hotel and situated at Hamilton Street, Birkenhead as if it were not . .
Proposed appeal from a decision dismissing the Appellant’s application, made pursuant to section 282(1)(a) of the Insolvency Act 1986, to annul a bankruptcy order made against the Appellant. . .
Application by the liquidator of ABC Limited (‘ABC’) under section 236 of the Insolvency Act 1986 for the disclosure by H.M. Revenue and Customs of information obtained from the prosecution authorities of the Netherlands under an International . .
EAT TRANSFER OF UNDERTAKING – Insolvency
Administration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency . .
‘The present Application raises an interesting question about the scope of section 236 of the Insolvency Act 1986 (‘IA’). This has been described as the question whether the section has extraterritorial effect. More particularly, the question is . .
This appeal raises questions of both contractual interpretation and the duties owed by administrators at common law and under paragraph 74 of Schedule B1 to the Insolvency Act 1986 . .
Application for permission to amend the particulars of claim in proceedings brought to set aside a transaction under section 423 of the Insolvency Act 1986 or to declare it a sham. . .
Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986
The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the . .
The claimants, the former administrators of Sunnyside Holiday Park Ltd sought an order that the unpaid balance of their remuneration and expenses is by para 99(3) of Sch B1 Insolvency Act 1986 charged on and payable out of a sum of pounds 62,646.06 . .
Companies Court application under s. 130(2) of the Insolvency Act 1986 for permission to commence proceedings against the respondent, which is a limited liability partnership in liquidation. The application is in effect to join the respondent to . .
Creditors in a liquidation have only a right to have the assets administered by the liquidator in accordance with the provisions of the Insolvency Act 1986. The trust applies only to the company’s property. It does not affect the proprietary . .
‘The issue raised by this application is as to the ambit of (1) the Court’s jurisdiction to prevent unfair harm pursuant to paragraph 74 of Schedule B1 to the Insolvency Act 1986 (‘the Act’) and (2) the rule in Ex Parte James’ . .
Appeal against an order of Mr Justice Evans-Lombe on an application made pursuant to section 112(1) of the Insolvency Act 1986 by the joint liquidators of Toshoku Finance UK Plc (‘the Company’) for directions in relation to the discharge of an . .
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
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
The plaintiff argued that: ‘Nothing in the wording of section 323 changes the nature of set-off as it operates between solvent parties; it merely widens the categories of claim capable of being, and which must be, set off.’ Held: The decision in Farley was wrong and that the separate causes of action survived the bankruptcy … Continue reading Stein v Blake: CA 13 May 1993
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
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
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
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
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
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
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
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
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
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
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
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
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
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
It is difficult to envisage any developed system of corporate law which does not impose some obligation on directors to consider whether the company is solvent and, if not, to consider what should be done about it. Chadwick J said: ‘I accept that when deciding whether or not to make a declaration under s.214 of … Continue reading Re Howard Holdings Inc: ChD 1998
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
