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Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Judges: The Honourable Mr Justice Patten Citations: [2004] EWHC 2448 (Ch) Links: Bailii 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 … Continue reading Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012

four applications by the applicants, who are landlords of four properties that were let to companies that are now all in administration, by which applications the applicants apply for a. permission under Paragraph 43 of Schedule B1 to the Insolvency Act 1986 (‘IA’) to forfeit the leases of the properties; and b. a direction under … Continue reading Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012

In Re A Debtor (No 32 of 1993): ChD 1 Mar 1994

A voluntary arrangement can be offered where only one creditor may stay bankruptcy proceedings. Rejection of less than the full amount by a petitioning creditor was not necessarily unreasonable. Judges: Mr Timothy Lloyd QC Citations: Times 01-Mar-1994, Gazette 11-May-1994, [1994] 1WLR 899 Statutes: Insolvency Act 1986 271(3)(c) Jurisdiction: England and Wales Cited by: Cited – … Continue reading In Re A Debtor (No 32 of 1993): ChD 1 Mar 1994

Jervis v Pillar Denton Ltd (Game Station) and Others: ChD 1 Jul 2013

Application for directions by the administrators of various companies in the Game Group of Companies, including Game Stores Group Limited, concerning the treatment of rent, service charge and insurance payments due under the terms of five leases. Lavender QC DHCJ [2013] EWHC 2171 (Ch) Bailii Insolvency Act 1986 England and Wales Insolvency, Landlord and Tenant … Continue reading Jervis v Pillar Denton Ltd (Game Station) and Others: ChD 1 Jul 2013

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Pillar Denton Ltd and Others v Jervis and Others: CA 24 Feb 2014

The corporate tenant became insolvent, but the administrators continued in occupation. The parties now disputed whether the rent (payable in advance) was a provable debt or an administration expense.The court was asked whether a company in administration was liable to pay a quarter’s rent as an administration expense even though the amount had fallen due … Continue reading Pillar Denton Ltd and Others v Jervis and Others: CA 24 Feb 2014