The respondent bank had obtained a charging order nisi against the applicant’s property. The applicant then obtained an order under s252 of the act requiring any further action against his estate to be stayed. The bank nevertheless obtained an order absolute. The claimant was not represented at that hearing. Several years later he sought to … Continue reading Clarke v Coutts and Co: CA 17 Jun 2002
An interim s252 order was not sufficient to justify a stay of a peaceable forfeiture; such a proceeding was not ‘other proceedings’ within the Act. Citations: Gazette 13-Jul-1995 Statutes: Insolvency Act 1986 252(2)(b) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81673
Section 252 of the Insolvency Act 1986 does not stop a Landlord executing distress though interim order in force. Citations: Times 10-Jun-1993 Statutes: Insolvency Act 1986 252(2) Jurisdiction: England and Wales Landlord and Tenant Updated: 28 April 2022; Ref: scu.83577
The forfeiture of a bankrupt’s lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a ‘security’ nor a ‘remedy’ within the meaning of those provisions, nor does it constitute ‘other proceedings’ or the execution of ‘other legal process’. The present law is … Continue reading Razzaq v Pala: QBD 6 Jun 1997
