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Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

Challenge to an unfair preference under section 243 of the 1986 Act Citations: [2000] ScotCS 209 Links: Bailii Statutes: Insolvency Act 1986 243 Jurisdiction: Scotland Cited by: Cited – MacDonald and Another v Carnbroe Estates Ltd SC 4-Dec-2019 ‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, … Continue reading Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

In re Glen Express Ltd: ChD 2000

The rule against double proof is implicit in the Insolvency Act 1986, and ‘remains good law. It is an overarching principle which still applies to insolvency, and nothing in Stein v Blake [1996] AC 243 calls it into question.’ Judges: Neuberger J Citations: [2000] BPIR 456 Jurisdiction: England and Wales Cited by: Cited – In … Continue reading In re Glen Express Ltd: ChD 2000

Gauntlett v The Law Society: ChD 27 Jul 2006

Citations: [2006] EWHC 1954 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Insolvency Rules 1986 6.5 Jurisdiction: England and Wales Legal Professions, Insolvency Updated: 11 September 2022; Ref: scu.243987

Stein v Blake: HL 18 May 1995

Where A and B each have claims against each other and A is insolvent, the common amount is set off, and the net difference remains as a debt due. Hoffmann L said: ‘It is a matter of common occurrence for an individual to become insolvent while attempting to pursue a claim against someone else. In … Continue reading Stein v Blake: HL 18 May 1995

Secretary of State for Trade and Industry v Hollier and others: ChD 17 Jul 2006

Citations: [2006] EWHC 1804 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 8 Jurisdiction: England and Wales Company, Insolvency Updated: 07 July 2022; Ref: scu.243298

Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

The claimant bank said that the court had had no jurisdiction to make the order it had on the respondent’s bankruptcy, saying that his ‘centre of activity’ had been Germany, and not England. Judges: Purle QC J Citations: [2012] EWHC 2432 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a), Council Regulation (EC) No 1346/2000 of … Continue reading Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019

‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019

Grant and Another v Ralls and Others (Re Ralls Builders Ltd): ChD 11 Feb 2016

Action by Liquidator against directors for wrongful trading. The court was asked Whether the liquidators had established continued trading causing a loss to company in order to attribute personal liability on the directors. Held: Section 214(3) was intended to impose a high hurdle on the directors, being construed strictly it would require a director seeking … Continue reading Grant and Another v Ralls and Others (Re Ralls Builders Ltd): ChD 11 Feb 2016

Gotham v Doodes: CA 25 Jul 2006

The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006

In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011

The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it applies in situations involving guarantees and other sureties. Held: The … Continue reading In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011

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