Judges: David Richards J Citations: [2005] EWHC 2990 (Ch), [2006] 3 All ER 755, [2006] 1 WLR 1792 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 … Continue reading T and N Ltd and others v In the Matter of the Insolvency Act 1986 (Conflict of Law): ChD 21 Dec 2005
Citations: [2004] EWHC 2878 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had exposure to asbestosis claims; these claims were insured by … Continue reading T and N Ltd and Others, Re the Insolvency Act 1986 (Communications): ChD 8 Dec 2004
Citations: [1999] EWCA Civ 1370 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 30 May 2022; Ref: scu.146285
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
Citations: [2017] ScotCS CSOH – 129 Links: Bailii Jurisdiction: Scotland Insolvency Updated: 01 April 2022; Ref: scu.598631
Judges: His Honour Judge Behrens sitting as a Judge of the High Court in Leeds Citations: [2011] EWHC 2860 (Ch), [2012] BCC 115 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.448119
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 clients with proprietary interests which were held in trust for them by the company were not creditors. The … Continue reading Lehman Brothers International (Europe), Re Insolvency Act 1986: CA 6 Nov 2009
Citations: [2012] EWHC 2235 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 27 November 2022; Ref: scu.463321
Citations: [2020] EWHC 886 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 19 November 2022; Ref: scu.650000
Judges: Mr Justice Zacaroli Citations: [2020] EWHC 231 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 28 October 2022; Ref: scu.648550
Judges: Mrs Justice Falk Citations: [2020] EWHC 65 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 13 October 2022; Ref: scu.646328
Citations: [2001] EWCA Civ 1437 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 12 October 2022; Ref: scu.218376
Adjourned administration application. Citations: [2019] EWHC 3079 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – Moss Groundworks Ltd, Re The Insolvency Act 1986 ChD 6-Sep-2019 . . Lists of cited by and citing cases may be incomplete. Insolvency Updated: 12 October 2022; Ref: scu.646143
Citations: [2019] EWHC 2825 (Ch) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Moss Groundworks Ltd, Re Insolvency Act 1986 ChD 10-Sep-2019 Adjourned administration application. . . Lists of cited by and citing cases may be incomplete. Insolvency Updated: 12 October 2022; Ref: scu.646144
Citations: [2004] EWHC 2947 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 04 October 2022; Ref: scu.220358
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 the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004
Judges: David Richards J Citations: [2005] EWHC 2991 (Ch), [2006] Lloyd’s Rep IR 370 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had … Continue reading T and N Ltd and Others, In the Matter of the Insolvency Act 1986: ChD 21 Dec 2005
Judges: Patten J Citations: [2007] EWHC 2697 (Ch), [2008] Bus LR 823, [2008] 2 All ER 75 Links: Bailii Statutes: Greater London Authority Act 1999, Insolvency Act 1986 Jurisdiction: England and Wales Insolvency, Transport, Local Government Updated: 11 September 2022; Ref: scu.261502
Judges: Lindsay J Citations: [2006] EWHC 1343 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency, European Updated: 11 September 2022; Ref: scu.242414
Citations: [2009] ScotCS CSOH – 76, 2009 SLT 659, 2009 GWD 20-333 Links: Bailii Statutes: Insolvency Act 1986 426 Jurisdiction: Scotland Insolvency Updated: 09 September 2022; Ref: scu.346591
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 for redundancy of unfair dismissal claims by employees during the period of administration was not a proper expense of … Continue reading Allders Department Stores Limited (In Administration) -In the Matter of the Insolvency Act 1986: ChD 16 Feb 2005
Citations: [2009] EWHC 904 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 26 July 2022; Ref: scu.346316
Judges: Mann J Citations: [2011] EWHC 1025 (Ch), [2011] BPIR 1372, [2012] BCC 57 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 21 July 2022; Ref: scu.434880
Judges: Sales J Citations: [2008] EWHC 2997 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – Re Sigma Finance Corp CA 25-Nov-2008 . .At First Instance – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009 The court considered how the losses of the insolvent company were to be … Continue reading Sigma Finance Corporation, Re Insolvency Act 1986: ChD 7 Nov 2008
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
Citations: [2010] 1 BCLC 458, [2009] EWHC 2744 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 04 July 2022; Ref: scu.377851
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
Citations: [2009] EWHC 137 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 01 July 2022; Ref: scu.280256
Citations: [2001] EWCA Civ 1906 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 27 June 2022; Ref: scu.218507
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 arrangement. It had just signed a new joint venture agreement with Honda, when BAT called in … Continue reading In the Matter of British American Racing (Holdings) Limited; In the Matter of the Insolvency Act 1986: ChD 16 Dec 2004
Citations: [1998] EWCA Civ 247 Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: Cited – Roberts Petroleum Ltd v Bernard Kenny Ltd HL 2-Jan-1983 The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against … Continue reading In re Buckingham International Plc and In the Matter of Insolvency Act 1986; Mitchell v Buckingham International Plc: CA 16 Feb 1998
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
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
Application by the Administrators of ipagoo LLP seeking directions as to the distribution of assets. . .
‘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 otherwise render that person liable for the debts and liabilities of … Continue reading Churchill and Another v First Independent Factors and Finance Ltd.: CA 30 Nov 2006
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. Judges: HHJ David Cooke Citations: [2009] EWHC 2445 (Ch) Links: Bailii Statutes: Insolvency Act 1986 236 Jurisdiction: England and Wales Insolvency Updated: 22 … Continue reading Cowlishaw and Another v O and D Building Contractors Ltd: ChD 8 Oct 2009
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
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 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) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81687
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 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. Judges: Lewison J Citations: [2008] EWHC 835 (Ch) Links: Bailii Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Company, Insolvency Updated: 14 July 2022; Ref: scu.267061
Four related public interest winding-up petitions Judges: His Honour Judge Hodge, QC Sitting as a Judge of the High Court Citations: [2022] EWHC 1589 (Ch) Links: Bailii Statutes: Insolvency Act 1986, Companies Act 1985 447 Jurisdiction: England and Wales Company Updated: 09 July 2022; Ref: scu.678730
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 application with proper reasons. Each application must be dealt with on its … Continue reading Practice Statement (Administration order: Reports): ChD 15 Apr 2002
(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 explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003
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 … Continue reading Bank of Ireland v Hollicourt (Contracts) Limited: CA 20 Oct 2000
A waste management licence is ‘property’ for the purposes of the Act. Citations: [1999] EWCA Civ 1835, [2001] Ch 475 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005 The parties had engaged in a bitter 95 day trial in which … Continue reading Official Receiver As Liquidator of Celtic Extraction Ltd and Bluestone Chemicals Ltd v Environmental Agency: CA 14 Jul 1999
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 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
(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
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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
Appeals from refusals to rescind bankruptcy orders. The bankrupts had, after lodging their appeals, persuaded the petitioning creditor and several other creditors to support the application. The first bankrupt was acting as agent in negotiations which if successful would generate a commission which would clear the indebtedness. Held: The court’s rejection of the request had … Continue reading Fitch v The Official Receiver: CA 15 Nov 1995
The trustee in bankruptcy sought to have set aside a charging order made over the bankrupt’s property before the commencement of the insolvency. Held: ‘The principle that property acquired from a debtor (in good faith and without notice of the presentation of a bankruptcy petition) is entitled to retain that property against the trustee in … Continue reading Nationwide Building Society v Wright and Another: CA 29 Jul 2009
Judges: ICC Judge Greenwood Citations: [2022] EWHC 2879 (Ch) Links: Bailii Statutes: Insolvency Act 1986 340 Jurisdiction: England and Wales Insolvency Updated: 20 December 2022; Ref: scu.683410
Judges: Chadwick, Laws, Jonathan Parker LJJ Citations: [2005] EWCA Civ 247, [2005] CP Rep 33, [2006] 1 WLR 2194, [2005] 3 Costs LR 363, [2005] BPIR 454, [2005] 1 All ER 272 Links: Bailii Statutes: Insolvency Act 1986 213 214 Jurisdiction: England and Wales Company, Insolvency Updated: 12 December 2022; Ref: scu.223683
Section 236 extended the power of a liquidator to require from the company’s officers all the documents he would reasonably need in order to fulfil his duties under the Act.Lord Slynn said: ‘The protection for the person called upon to produce documents lies, thus, not in a limitation by category of documents (‘reconstituting the company’s … Continue reading In re British and Commonwealth Holdings plc (Nos 1 and 2): HL 1993
The High Court has the power in an appropriate case to make an order requiring a bankrupt to stay within the jurisdiction. Citations: Times 27-Dec-1995, Ind Summary 29-Jan-1996 Statutes: Insolvency Act 1986 333 Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.83857
A petitioner’s change of mind and support can found a review or rescission of a bankruptcy order as a change of circumstances. Citations: Gazette 24-Jan-1996, Times 21-Nov-1995, [1996] 1 WLR 242 Statutes: Insolvency Act 1986 375(1) Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.80579
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 Judges: Roth J Citations: [2011] 45 EG 96 (CS),, [2012] 2 EG 68, [2011] EWHC 2829 (Ch) Links: Bailii Jurisdiction: England and Wales Land, Insolvency Updated: 09 December 2022; … Continue reading Fenland District Council v Sheppard and Others: ChD 3 Nov 2011
Allegation that the payment of dividends was in breach of Part 23 of the 2006 Act. The direcors had signed the necessary certificate as to solvency before resolving to reduce the company capital and paying a dividend. Held: When making such a statement, the directors were not being asked what would be the position if … Continue reading BTI 2014 Llc v Sequana Sa and Others: ChD 11 Jul 2016
The Commissioners claim was founded in an alleged conspiracy from a ‘missing trader intra-community fraud’ amounting to andpound;96 million. Held: Section 423 had extra territorial effect. Judges: David Richards J Citations: [2010] EWHC 1799 (Ch), [2011] BPIR 59 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Citing: Cited – Regalway Care Ltd … Continue reading HM Revenue and Customs v Begum and Others: ChD 15 Jul 2010
The Revenue sought the defendant’s liquidation, challenging the sum fixed to be due by the chairman of the meeting and the football rules which gave preference to football debts over those of others. The dispute was as to treament of receipts for players’ image and associated rights. They were paid into discretionary trust funds, and … Continue reading HMRC v Portsmouth City Football Club Ltd and Others: ChD 5 Aug 2010
The bankrupt wished to discharge his bankruptcy debt, but challenged the trustee’s fees. Held: The court approved application of the Practice Statement 2004.Proudman J said: ‘The court’s task is to balance all the various criteria, resolving any conflict between them arising in the particular case, in order to arrive at the proper level of remuneration. … Continue reading Hunt v Yearwood-Grazette: ChD 7 Apr 2009
Appeal against refusal to order strike out of claim as abuse of process. Citations: [1999] EWCA Civ 1047 Statutes: Insolvency Act 1986 220(1) Jurisdiction: England and Wales Company, Insolvency Updated: 05 December 2022; Ref: scu.145962
When considering whether a breach went to the root of a contract, an associated contract could be split off, even though it would not be split off for insolvency purposes when asking whether a transaction was at an undervalue. Judges: Morritt LJ, Lord Woolf MR Citations: Times 30-Mar-1999, [1999] BCC 557, [1999] EWCA Civ 1007, … Continue reading Phillips (Liquidator of A J Bekhor and Co) and Another v Brewin Dolphin Bell Lawrie Limited and Another: CA 17 Mar 1999
Having waived his right to a dividend under a voluntary arrangement, a creditor could not object to its later variation to include other creditors, despite an absence of explicit power in the deed for this purpose. Waiver should have been made explicit. Citations: Times 14-Apr-1999, [1999] EWCA Civ 1039, [1999] 3 All ER 72 Statutes: … Continue reading Raja v Rubin and Another: CA 19 Mar 1999
The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He challenged the solicitors who wished to pay the estate to his trustee. Held: The value of the estate was payable to the trustee in … Continue reading Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased): ChD 12 Nov 2008
Judges: Simon Brown LJ Citations: [2007] 1 WLR 2102 Statutes: Insolvency Act 1986 216 208 Jurisdiction: England and Wales Insolvency Updated: 04 December 2022; Ref: scu.263954
A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he has acted fraudulently or in a manner so unreasonable and absurd that no reasonable trustee … Continue reading Osborne v Cole: 1999
These applications raise the question of whether the court has the power under section 236(3) of the IA 1986 to require persons resident in the EU to produce books and papers and an account of their dealings with a company being compulsorily wound up in England and Wales. Judges: Sir Geoffrey Vos Citations: [2020] EWHC … Continue reading Re Akkurate Ltd: ChD 4 Jun 2020
Liquidators of the company brought proceedings alleging fraudulent trading and trading whilst insolvent by its former directors. An application was made for an in-time application for an extension of time for disclosure. Held: The Court should scrutinise an application for extension more rigorously than before the Jackson reforms and must firmly discourage any easy assumption … Continue reading Atrium Traing Services Ltd; Smailes and Another v McNally and Others: ChD 27 Sep 2013
An Industrial and Provident Societies Act society is unregistered and is therefore not a company for the purposes of s40. Had that been intended express statutory provision would have been made. Judges: Hague QC J Citations: Times 25-May-1993, Gazette 01-Sep-1993, [1993] BCC 410 Statutes: Insolvency Act 1986 40 251, Industrial and Provident Societies Act 1965, … Continue reading In Re Devon and Somerset Farmers Ltd: ChD 25 May 1993
For identifying whether a declaration of trust in favour of an employees’ pension scheme was preferential, the test was by reference to the trustees collectively. This was so under the section despite the close identity of the trustees with the directors. Citations: Times 14-Jan-1999 Statutes: Insolvency Act 1986 239 435(5)(b) Jurisdiction: England and Wales Insolvency … Continue reading In Re Thirty-Eight Building Ltd: ChD 14 Jan 1999
Judges: Chadwick LJ Citations: [1998] EWCA Civ 1548, [1999] 1 BCLC 425, [1998] BCC 997 Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Insolvency, Company Updated: 25 November 2022; Ref: scu.145027
Citations: [2008] EWCA Civ 118, [2008] BPIR 342, [2009] Ch 191, [2008] 2 BCLC 1, [2008] Bus LR 1103, [2008] 3 WLR 1233, [2008] 3 All ER 697 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Citing: See Also – Giles v Rhind CA 17-Oct-2002 An action by a company under a … Continue reading Giles v Rhind: CA 28 Feb 2008
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser. Held: The benefit of a contract may be assigned to a third party without the … Continue reading Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine: HL 8 Dec 1993
Applicant’s application for an order under s.423 of the Insolvency Act 1986 to set aside the Declaration of Trust in respect of the Property which he maintains was entered into for the purpose of putting assets beyond the reach of creditors. Judges: ICC Judge Barber Citations: [2022] EWHC 2204 (Ch) Links: Bailii Statutes: Insolvency Act … Continue reading Allen v Hurst and Others: ChD 26 Aug 2022
Citations: [1998] EWCA Civ 1365 Statutes: Insolvency Act 1986 167 Jurisdiction: England and Wales Citing: Cited – In re Edennote Ltd (No 2) ChD 1997 Sanction was sought against a liquidator. Lightman J said: ‘The question is the commercial best interests of the company, reflected prima facie, by the commercial judgment of the liquidator, a … Continue reading Greenhaven Motors Limited (In Liquidation) and Another v BG Funding Limited and Another: CA 31 Jul 1998
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 directors and shareholders of the Company. Judges: Insolvency and Companies Court Judge Burton Citations: [2021] EWHC 1006 … Continue reading Baker (Liquidator of TMG Brokers Limited) v Staines and Another: ChD 23 Apr 2021
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, Citations: [2014] EWHC 1134 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 22 November 2022; Ref: scu.535477
Citations: [2007] EWCA Civ 1262 Links: Bailii Statutes: Insolvency Act 1986 112(2) Jurisdiction: England and Wales Insolvency Updated: 22 November 2022; Ref: scu.261611
The claimant sought judicial review of the respondent’s decision that he was liable, after his discharge from bankruptcy, to suffer deductions from his benefits of sums to repay an overpayment of benefit incurred before his bankruptcy. Held: The respondent’s claim under section 71(1) was a bankruptcy debt, and as such was subject to release on … Continue reading Balding, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 3 Apr 2007
Judges: Lord Justice Morritt Citations: [1998] EWCA Civ 1025, [1999] 1 WLR 129, [1999] BCC 378, [1998] 2 BCLC 526, [1999] BPIR 53 Links: Bailii Statutes: Insolvency Act 1986 168 Jurisdiction: England and Wales Insolvency, Litigation Practice Updated: 19 November 2022; Ref: scu.144504
An action by a company under a shareholder’s agreement was compromised. The other shareholder now sought to commence an action against the party in breach for his personal losses. The defendant argued that the company’s compromise was binding also against the other shareholder. Held: The company had become obliged to compromise the claim by the … Continue reading Giles v Rhind: CA 17 Oct 2002
Judges: Mr Justice Marcus Smith Citations: [2018] EWHC 1429 (Ch) Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Insolvency Updated: 18 November 2022; Ref: scu.682723
Application for a Norwich Pharmacal order against a financial institution or a financial services provider known, for the purpose of these proceedings as ‘MM’, relating to a claim that the applicant, known as ‘AA’, has against her former husband, known as ‘XY’. Judges: Mr Justice Sweeting Citations: [2022] EWHC 2627 (KB) Links: Bailii Statutes: Insolvency … Continue reading AA v JJ: KBD 29 Jul 2022
The bankrupt had received his discharge from the bankruptcy and the debts associated. After the discharge he received a statutory demand from the trustees of a pension fund claiming sums from him alleging his dishonest breach of trust. He replied by saying that he had been discharged. Held: To constitute a ‘fraudulent breach of trust’ … Continue reading Woodland-Ferrari v UCL Group Retirement Benefits Scheme: ChD 5 Jul 2002
Citations: [2004] EWCA Civ 1761 Links: Bailii Statutes: Insolvency Act 1986 263(3) Jurisdiction: England and Wales Insolvency Updated: 14 November 2022; Ref: scu.220658
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
An Insolvency Court has the power to order a foreign non-party company to produce documents concerning foreign business despite the usual rule. Citations: Times 20-Dec-1997 Statutes: Insolvency Act 1986 236 Jurisdiction: England and Wales Insolvency Updated: 13 November 2022; Ref: scu.82061
A bankrupt’s present entitlement to compel payment of pension benefits fell to be included in the assessment of his income within the meaning of section 310(7) of the Insolvency Act. Judges: Bernard Livesey QC Citations: [2012] EWHC 909 (Ch), [2012] 1 WLR 3559, [2012] BPIR 621, [2012] WLR(D) 115, [2012] 3 All ER 1028 Links: … Continue reading Raithatha v Williamson: ChD 4 Apr 2012