Exclusive Dutch jurisdiction clause stopped a s234 order for vehicles.Receivers bound by exclusive jurisdiction clause – no order for delivery up. Citations: Times 19-Jan-1994, Ind Summary 31-Jan-1994 Statutes: Insolvency Act 1986 234 Jurisdiction: England and Wales Insolvency Updated: 26 October 2022; Ref: scu.82000
Judges: His Honour Judge Halliwell Citations: [2019] EWHC 1722 (Ch) Links: Bailii Statutes: Insolvency Act 1986 234(2) Jurisdiction: England and Wales Insolvency Updated: 12 July 2022; Ref: scu.639301
A liquidator applied to discharge an order that had been made against him ex parte under section 234 requiring him to hand over books and records of the company in his possession to administrative receivers. Held: Hoffman J said: ‘It was wrong for the application to be made ex-parte. It is a basic principle of … Continue reading In re First Express Ltd: ChD 1991
The appellant challenged a formal statutory demand which had led to his bankruptcy. The demand had included the anticipated cost of realising the charged property, and also had been inflated to allow for extra costs of dealing the appellant who was perceived to be recalcitrant and unco-operative. Held: The statutory demand could only include sums … Continue reading Owo-Samson v Barclays Bank Plc, Boyden: CA 21 May 2003
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
The administrators having made a distribution, concluded that no further assets would be recovered and sought directions from the court to allow them to withdraw and close the administration. Held: The court had power to make the order requested which would lead to the dissolution of the company. The test was expressed in the present … Continue reading In re GHE Realisations Ltd (In Administration): ChD 4 Nov 2005
Citations: [2005] EWCA Civ 1291 Links: Bailii Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Insolvency, Company Updated: 28 June 2022; Ref: scu.234555
The bankrupt was to receive his automatic discharge. The receiver had applied ex parte to suspend the automatic discharge. The bankrupt appealed. Held: The court had power to make such an order. The court had seen strong prima facie evidence that the bankrupt had failed in his obligation to co-operate with the receiver. The failure … Continue reading Bagnall QC v the Official Receiver: ChD 18 Jun 2003
Deliberate concealment of arrangements for sale of assets at an undervalue to associate justified revocation of a voluntary arrangement, but the court must look at the heinousness of the irregularity before deciding as to future conduct of arrangements. Citations: Times 29-Dec-1998 Statutes: Insolvency Act 1986 262(4)(b) Jurisdiction: England and Wales Insolvency Updated: 17 June 2022; … Continue reading Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998
The High Court or the Court of Appeal should not follow a decision of the Privy Council in place of a decision of the House of Lords, unless the circumstances are quite exceptional and the court is satisfied that in practice the result would be a foregone conclusion Judges: Lord Phillips of Worth Matravers MR, … Continue reading National Westminster Bank Plc v Spectrum Plus Ltd and Others; In re Spectrum Plus Ltd (in liquidation): CA 12 Jul 2004
The defendant appeal against a conviction for cheating the revenue after the use of evidence obtained against him by compulsion in investigations under the Insolvency Act. Held: The information obtained in an investigation would normally be considered confidential, but had been used to obtain warrants and to lay informations: ‘It is self-evidently in the public … Continue reading Regina v Brady: CACD 22 Jun 2004
The trustee in bankruptcy sought to oblige the bankrupt to make a capital draw on pension fund assets in order to support an Income Payment Order. Held: The judge dismissed the application for an IPO. The court had no power under section 310 of the 1986 Act to make an income payments order in respect … Continue reading Horton v Henry: ChD 17 Dec 2014
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