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Hardy v Focus Insurance Co (In Liquidation): ChD 19 Jul 1996

The Court has no power to direct the Official Receiver as to suspension of bankruptcy. Citations: Times 19-Jul-1996, [1997] BPIR 77 Statutes: Insolvency Act 1986 303(1) 303(2) Jurisdiction: England and Wales Cited by: Cited – Bagnall QC v the Official Receiver ChD 18-Jun-2003 The bankrupt was to receive his automatic discharge. The receiver had applied … Continue reading Hardy v Focus Insurance Co (In Liquidation): ChD 19 Jul 1996

National Westminster Bank Plc v Spectrum Plus Ltd and others: ChD 15 Jan 2004

The company granted a debenture to the claimant purporting to secure its book debts. The company went into liquidation. The liquidator challenged the bank’s charge. Held: Siebe was wrongly decided. The charge was ineffective over the book debts. Vice Chancellor Andrew Morritt [2004] 2 WLR 783, [2004] 1 All ER 981, [2004] BCC 51, [2004] … Continue reading National Westminster Bank Plc v Spectrum Plus Ltd and others: ChD 15 Jan 2004

In re Cheyne Finance Plc: ChD 12 Sep 2007

The Receivers sought directions as to how to apply monies coming into their hands on the basis that, on advice, they considered that they needed the Court’s answer to an underlying difficult issue of the construction of the Security Trust Deed. The court was asked how the Receivers should apply monies coming into their hands … Continue reading In re Cheyne Finance Plc: ChD 12 Sep 2007

In re Brightlife Ltd: ChD 1987

Parties contractual freedom to be respected A clause in a debenture gave a charge which provided that the chargor should not: ‘deal with its book or other debts or securities for money otherwise than in the ordinary course of getting in and realising the same which expression shall not authorise the selling, factoring or discounting … Continue reading In re Brightlife Ltd: ChD 1987

Poulton v Ministry of Justice: CA 22 Apr 2010

The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee sought to recover from the defendant who was responsible for the court service. … Continue reading Poulton v Ministry of Justice: CA 22 Apr 2010

Revenue and Customs v SED Essex Ltd: ChD 14 Jun 2013

Liquidator confirmed despite VAT challege The Revenue sought the winding up of the company for non-payment of substantial arrears of VAT. The revenue had declined to allow VAT input claims. The company said that the petition was wrong since the debt was genuinely disputed. Held: The decision to appoint the provisional liquidator was maintained. The … Continue reading Revenue and Customs v SED Essex Ltd: ChD 14 Jun 2013