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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

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

Digital Equipment Co Ltd and Others v Bower and Others: ChD 4 Dec 2003

The liquidators had lost their legal action, and had been ordered to pay the present claimants their costs. They sought payment out of an insolvency services account in competition with the solicitors for the liquidators. Held: An award of costs was not a payment of ‘expenses incurred in the winding up’ and therefore the court … Continue reading Digital Equipment Co Ltd and Others v Bower and Others: ChD 4 Dec 2003

Commissioners of Inland Revenue v Kahn and Another: CA 23 Mar 2000

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 alleged liability to corporation tax on interest receivable after the commencement of the winding … Continue reading Commissioners of Inland Revenue v Kahn and Another: CA 23 Mar 2000

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

Day v Haine and Another: ChD 19 Oct 2007

The liquidator sought directions from the court after former employees of the company submitted proofs of debt in respect of protective awards made for the company’s failure to consult on their redundancy before going into liquidation. Held: The Act provided one remedy only for enforcement, and the debts were not provable. At the date of … Continue reading Day v Haine and Another: ChD 19 Oct 2007

Setchim and Another v Secretary of State for Foreign and Commonwealth Affairs and Others: ChD 4 Jul 2014

The commonwealth Institute, a registered charity, had gone into solvent members’ voluntary winding up, and the court now considered the propriety of passing the funds to a successor charity. David Richards [2014] EWHC 2218 (Ch) Bailii Insolvency Act 1986 112 England and Wales Company, Charity Updated: 09 January 2022; Ref: scu.533808

Swift and Another v Dairywise Farms Limited and others: CA 1 Feb 2001

The company lent money to farmers secured against their milk quotas. They had to petition for a winding up, and the liquidators requested authority to continue the milk loan repayment schemes. The milk quotas had been vested in the farmers, and the liquidators sought directions form the court as to protection of the milk quotas, … Continue reading Swift and Another v Dairywise Farms Limited and others: CA 1 Feb 2001

Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

IVA is a special form of contract Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on its cessation. The liquidators challenged the clause as … Continue reading Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Where a bankrupt wished to pursue an action held for him personally rather than his creditors. Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the trustee as a co-defendant and to commence the action under his own … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Percy v Director of Public Prosecutions: Admn 21 Dec 2001

The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, … Continue reading Percy v Director of Public Prosecutions: Admn 21 Dec 2001

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

LB Holdings Intermediate 2 Ltd, (The Joint Administrators of) and Others v Lomas and Others: CA 14 May 2015

Applications after recovery of surplus funds to repay creditors of Lehmann Brothers Ltd. The court had given orders as to the several uses of the surpluses. The parties appealed some elements of those orders. Held: Most elements were upheld, but some varied.Lewison LJ pointed out at when paying the interest, the administrator acts as agent … Continue reading LB Holdings Intermediate 2 Ltd, (The Joint Administrators of) and Others v Lomas and Others: CA 14 May 2015

BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019

The Court considered a Director’s duty to act in the interests of his company’s creditors. The Directors were said to have paid out an excessive dividend to put assets beyond the reach of its creditors. Longmore, David Richards, Henderson LJJ [2019] EWCA Civ 112, [2019] 2 All ER (Comm) 13, [2019] BCC 631, [2019] 2 … Continue reading BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019

Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator. Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for adequate consideration’. One element was that the same debt said to have been … Continue reading Henderson v Foxworth Investments Limited and Another: SC 2 Jul 2014

Regina v Kansal (2): HL 29 Nov 2001

The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001