Search Results for: Insolvency Act 1986 11(3)

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A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

An adjudication of a building dispute under the Insolvency Act, was ‘other proceedings’ within the Act, and therefore before such steps were taken against a company in administration, the applicant had first to obtain leave from the court. Citations: Times 29-Jun-1999 Statutes: Housing Grants Construction and Regeneration Act 1996, Insolvency Act 1986 11(3) Jurisdiction: England … Continue reading A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration. Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an … Continue reading Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

AES Barry Ltd v Txu Europe Energy Trading: ChD 15 Jul 2004

Patten J considered whether to grant consent to a monetary action against the company now in administration, and said: ‘it will be in exceptional cases that the Court gives a creditor whose claim is simply a monetary one, a right by the taking of proceedings to override and pre-empt that statutory machinery.’ Judges: Patten J … Continue reading AES Barry Ltd v Txu Europe Energy Trading: ChD 15 Jul 2004

Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009

EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009

Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

Trident International Limited v Barlow: ChD 27 Feb 1998

Judges: Eben Hamilton QC Citations: [1998] 2 BCLC 164 Statutes: Insolvency Act 1986 11(3)(c) Jurisdiction: England and Wales Cited by: Appeal from – Trident International Limited v Barlow; Hughes and Goodman (the Joint Administrators of Hamley Plc and Jeffrey (Rogers) Imports Limited CA 30-Jul-1999 A contractual possessory lien, coupled with a right to sell and … Continue reading Trident International Limited v Barlow: ChD 27 Feb 1998

Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known … Continue reading Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

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

Carr v British International Helicopter: EAT 1993

An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held: The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section … Continue reading Carr v British International Helicopter: EAT 1993

Thakrar v Ciro Citterio Menswear Plc In Administration: ChD 1 Oct 2002

Disputes arose between shareholders in a family company. Proceedings which expressly excluded the company were settled, but the company became insolvent. A later settlement was refused approval by the judge without the creditors consent. The claimant now sought a declaration that the earlier compromise bound the company. The company argued that the agreement was conditional … Continue reading Thakrar v Ciro Citterio Menswear Plc In Administration: ChD 1 Oct 2002

Razzaq v Pala: QBD 6 Jun 1997

The forfeiture of a bankrupt’s lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a ‘security’ nor a ‘remedy’ within the meaning of those provisions, nor does it constitute ‘other proceedings’ or the execution of ‘other legal process’. The present law is … Continue reading Razzaq v Pala: QBD 6 Jun 1997