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
His Honour Judge Purle, QC [2013] EWHC 1685 (Ch) Bailii England and Wales Insolvency Updated: 13 December 2021; Ref: scu.510951
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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
Citations: [2000] EWCA Civ 46 Links: Bailii Statutes: Insolvency Act 1986 168(5) Jurisdiction: England and Wales Citing: Cited – In Re Edennote Ltd; Tottenham Hotspur plc v Ryman CA 21-May-1996 The company was in liquidation. Terence Venables, who had owned the shares, had taken an assignment of a cause of action against the football club. … Continue reading Mahomed and Another v Morris and Others: CA 17 Feb 2000
Citations: [2022] EWHC 402 (Ch) Links: Bailii Statutes: Insolvency Act 1986 168(3), Payment Services Regulations 2017 Jurisdiction: England and Wales Insolvency, Financial Services Updated: 02 April 2022; Ref: scu.672157
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 company was in liquidation. Terence Venables, who had owned the shares, had taken an assignment of a cause of action against the football club. The court had set aside that assignment, and removed the liquidator. Venables now appealed saying that the court had been wrong to intervene. Held: The appeal succeeded in part. The … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996
Citations: [2004] EWCA Civ 1684, [2005] 2 FLR 63 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Cited by: Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020 Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They … Continue reading Ram v Ram and others: CA 16 Nov 2004
This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011
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
The trustee in bankruptcy appealed against refusal of a declaration that a transfer of the bankrupt’s share in a house to his wife had been at an undervalue. Judges: Sales J Citations: [2011] EWHC 2047 (Ch), [2011] WTLR 1681, [2011] BPIR 1529 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: … Continue reading Claridge, Re The Trustee In Bankruptcy of: ChD 29 Jul 2011
the court considered whether liabilities for damages for wrongful dismissal of football players were debts provable in insolvency. Held: When an administrator of a company adopted contracts of employment and the company later was found liable to pay damages for their wrongful dismisal, the damages payable did not have priority in the liquidation. Judges: Pumfrey … Continue reading In re the Leeds United Association Football Club: ChD 25 Jul 2007
Judges: Hart J Citations: [2004] EWHC 1287 (Ch) Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Citing: Cited – Halsall v Brizell ChD 1957 Land in Liverpool was sold in building plots. The vendors retained the roads and sewers and a promenade and sea wall. A separate deed of covenant of 1851 … Continue reading Beckenham Mc Ltd v Centralex Ltd and others: ChD 10 Jun 2004
Appeal against strike out of application to have set aside deeds of assignment. Judges: Brooke VP, Arden LJJ Citations: [2005] EWCA Civ 276 Links: Bailii Statutes: Insolvency Act 1986 167(3) 168(5) Jurisdiction: England and Wales Citing: Cited – In Re Edennote Ltd; Tottenham Hotspur plc v Ryman CA 21-May-1996 The company was in liquidation. Terence … Continue reading Ultraframe (UK) Ltd v Rigby and others: CA 19 Jan 2005
The company Edennote had been wound up on insolvency. It had a possible claim for fees against Tottenham, owned by Mr Sugare. The shareholder, Terry Venables, took an assignment of that action. An application was made to set aside the assignment and to remove the liquidator. Held: The application succeeded. The assignment of the action … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: ChD 1 Nov 1994
Section 130(2) of the 1986 Act gives the court the freedom to do what is right and fair in all the circumstances. Citations: [2002] 2 BCLC 228, [2002] EWCA Civ 300 Links: Bailii Statutes: Insolvency Act 1986 130(2) Jurisdiction: England and Wales Insolvency, Insurance Updated: 23 June 2022; Ref: scu.216828
Liquidators claim for repayment of sums paid out by company after petition for insolvency Citations: [2018] EWHC 2168 (Ch) Links: Bailii Statutes: Insolvency Act 1986 127 Jurisdiction: England and Wales Insolvency Updated: 26 April 2022; Ref: scu.621141
The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official … Continue reading In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The court considered the approach to be taken on applications for extensions of time to apply to challenge refusals of proof of debt in an insolvency, and how to test applications for relief from sanctions. Held: The 1986 Rules which provided for extensions to time given for compliance with the Rules were not limited in … Continue reading Contrarian Funds Llc v Lomas and Others: ChD 23 May 2014
The defendant appealed a conviction for hiding assets from her receiver following her bankruptcy. He said that recent case law suggested that the burden of establishing the defence under section 352 was evidential only. Held: The conviction predated the Human Rights Act, and was correct at the time. The Carass ruling applied also to the … Continue reading Regina v Daniel: CACD 22 Mar 2002
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The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
