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Search Results for: Insolvency Act 1986 181
Re Vedmay Ltd: ChD 6 Sep 1993
A statutory tenant has a sufficient locus standi to request the vesting in him of a house disclaimed by the owner company’s liquidator. . .
Smith (a bankrupt) v Braintree District Council: HL 1989
The House considered the effects of bankruptcy on the imposition of a committal to imprisonment in default of paying rates. The purpose of section 285 is to preserve the estate of the bankrupt for the benefit of his unsecured creditors.Lord Jauncey of Tullichettle said that, in view of the changes in policy shown by the … Continue reading Smith (a bankrupt) v Braintree District Council: HL 1989
In Re Companies (Nos 007923 and 007924): CA 22 Feb 1995
Advertisement of petition was restrained where it was of a solvent company for public interest purposes. Citations: Gazette 22-Feb-1995 Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Company Updated: 27 October 2022; Ref: scu.81812
Brown v Brown and Another: ChD 1 Mar 2007
Challenge to sale of house as at an undervalue. Citations: [2007] EWHC 405 (Ch), [2008] 2 WLR 283 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.251816
Archer Structures Limited v Christopher Griffiths: ChD 30 Apr 2003
Judges: Her Honour Judge Frances Kirkham Citations: [2003] EWHC 957 (Ch) Statutes: Insolvency Act 1986 216(3) Jurisdiction: England and Wales Insolvency Updated: 21 June 2022; Ref: scu.181636
Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
Hill and Another v Haines: ChD 3 May 2007
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later on his own petition. The trustees appealed refusal of the court to set … Continue reading Hill and Another v Haines: ChD 3 May 2007
Roberts Petroleum Ltd v Bernard Kenny Ltd: HL 2 Jan 1983
The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against that order being made absolute, saying that this gave the plaintiff an unfair advantage in the winding up. The defendant appealed against the re-instatement of … Continue reading Roberts Petroleum Ltd v Bernard Kenny Ltd: HL 2 Jan 1983
LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
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
Javad v Aqil: CA 15 May 1990
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
