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Walker v Walker: CA 27 Jan 2005

Judges: Chadwick, Laws, Jonathan Parker LJJ Citations: [2005] EWCA Civ 247, [2005] CP Rep 33, [2006] 1 WLR 2194, [2005] 3 Costs LR 363, [2005] BPIR 454, [2005] 1 All ER 272 Links: Bailii Statutes: Insolvency Act 1986 213 214 Jurisdiction: England and Wales Company, Insolvency Updated: 12 December 2022; Ref: scu.223683

Atrium Traing Services Ltd; Smailes and Another v McNally and Others: ChD 27 Sep 2013

Liquidators of the company brought proceedings alleging fraudulent trading and trading whilst insolvent by its former directors. An application was made for an in-time application for an extension of time for disclosure. Held: The Court should scrutinise an application for extension more rigorously than before the Jackson reforms and must firmly discourage any easy assumption … Continue reading Atrium Traing Services Ltd; Smailes and Another v McNally and Others: ChD 27 Sep 2013

Morphitis v Bernasconi and others: CA 5 Mar 2003

The appellants had been directors of a company which fell into difficulties. A new company was begun, and traded, and the other continued for a year before being wound up by a landlord. The lease was disclaimed. Only the landlord lost out. He claimed that the directors had continued to trade with intent to defraud. … Continue reading Morphitis v Bernasconi and others: CA 5 Mar 2003

Bank of India v Morris and others: CA 22 Jun 2005

Citations: [2005] EWCA Civ 693, [2005] BPIR 1067, [2005] 2 BCLC 328, [2005] BCC 739 Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Cited by: Main Judgment – Bank of India v Morris and others (Costs) CA 22-Jun-2005 . . Lists of cited by and citing cases may be incomplete. Insolvency, Banking … Continue reading Bank of India v Morris and others: CA 22 Jun 2005

In re Overnight Limited; Goldfarb v Higgins and Another: ChD 11 Feb 2009

The liquidator sought to commence an action for fraudulent trading against a former director, who responded that the claim was time barred. Held: The claim arose when the winding-up order was made and not on any of the earlier dates suggested by the second respondent. Judges: Sir Andrew Morritt Links: Times Statutes: Insolvency Act 1986 … Continue reading In re Overnight Limited; Goldfarb v Higgins and Another: ChD 11 Feb 2009

Morris v Banque Arab et Internationale D’Investissment SA (No 2): ChD 26 Oct 2000

For an order to be made under the section, and a contribution to the shortfall on insolvency made, it was necessary to show that the person against whom the order was sought had in some way participated in the fraudulent activity. It was not necessary to show that there had been any direct involvement in … Continue reading Morris v Banque Arab et Internationale D’Investissment SA (No 2): ChD 26 Oct 2000

Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

Revenue and Customs v Chamberlin: CA 22 Mar 2011

The claimant argued that she should not have been made bankrupt on the application of HMRC in respect of VAT sums she now disputed. Judges: Sir Andrew Morritt C, Toulson, Sullivan LJJ Citations: [2011] EWCA Civ 271, [2011] BPIR 691, [2011] STC 1237, [2011] STI 1213, [2011] BVC 162, [2011] NPC 33 Links: Bailii Statutes: … Continue reading Revenue and Customs v Chamberlin: CA 22 Mar 2011

McGuinness v Norwich and Peterborough Building Society: ChD 23 Nov 2010

The claimant appealed against his bankruptcy saying that it had followed as statutory demand based upon his alleged default under a guarantee of his brothers mortgage borrowings. He said that such a claim was not a liquidated sum within the 1986 Act. Held: The appeal failed. Judges: Briggs J Citations: [2010] NPC 116, [2011] BPIR … Continue reading McGuinness v Norwich and Peterborough Building Society: ChD 23 Nov 2010

Thorniley and Another v HM Revenue and Customs and Another: ChD 5 Feb 2008

The court was asked whether the prescribed parts of the company’s net property (as defined in s.176A (6)) is available to satisfy any part of the debts due to a creditor which are secured by a floating charge in that creditor’s favour but cannot be paid out of the realisation of the net property due … Continue reading Thorniley and Another v HM Revenue and Customs and Another: ChD 5 Feb 2008

Re JD Group Ltd: ChD 3 Feb 2022

Judges: Deputy Insolvency and Companies Court Judge Agnello QC Citations: [2022] EWHC 202 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 213 Jurisdiction: England and Wales Insolvency Updated: 29 March 2022; Ref: scu.671908

Regina v Kearns: CACD 22 Mar 2002

The defendant had failed to account for the disappearance of a substantial part of his estate to the official receiver following his bankruptcy. He appealed his conviction for failing to provide an account, saying that the requirement to provide information infringed his right of silence and to a fair trial. Held: The provisions were not … Continue reading Regina v Kearns: CACD 22 Mar 2002