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Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

(Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings. Held: The appeal succeeded. The Act had explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

Re A Debtor No 64 of 1992: ChD 12 Nov 1993

Creditor not having had properly served on him a notice of the s257 meeting was not bound by an arrangement agreed at the meeting. Citations: Times 12-Nov-1993, Gazette 26-Jan-1994 Statutes: Insolvency Act 1986 257 260(2)(b) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81647

In Re Debtors (Nos 400 and 401 of 1996): ChD 27 Feb 1997

A creditor who had not been served with notice of the creditors’ meeting may still validly vote at it. Citations: Times 27-Feb-1997 Statutes: Insolvency Act 1986 257 Jurisdiction: England and Wales Insolvency Updated: 18 July 2022; Ref: scu.81842

Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased): ChD 12 Nov 2008

The claimant was sole residuary legatee of his mother’s estate. He became bankrupt, but was released by automatic discharge from the bankruptcy before the administration of the estate was completed. He challenged the solicitors who wished to pay the estate to his trustee. Held: The value of the estate was payable to the trustee in … Continue reading Raymond Saul and Co (A Firm) v Holden and Another; In re Hemming (deceased): ChD 12 Nov 2008

Sodexho Ltd v Gibbons: EAT 14 Jul 2005

EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005

In Re A Debtor (No 87 of 1993) (No 2): ChD 7 Aug 1995

The giving false or misleading information to creditors at the meeting is ‘a Material Irregularity’ sufficient to have the result of the meeting set aside. Citations: Times 07-Aug-1995, Ind Summary 21-Aug-1995, Ind Summary 11-Sep-1995 Statutes: Insolvency Act 1986 262(4) 257 Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81668

Webster and Another v Mackay: ChD 19 Jul 2013

The claimants appealed from a refusal to annul their bankruptcies, saying that they should not ever have been made, because the petition debt was not a liquidated debt. The claimants said that the debt had been repudiated. Held: The appeal failed. A present right to future payment was not transformed into a claim for damages … Continue reading Webster and Another v Mackay: ChD 19 Jul 2013

In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’. Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in negligence which existed on and was breached by a company before liquidation, but where actionable … Continue reading In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

Fletcher v Vooght: BC 28 Feb 2000

The debtor and creditors had entered into a individual voluntary arrangement, but the meeting had not been sanctiond by the prior authorisation of the court as required. Despite its continuance for three years, and the parties having acted upon it, the supervisor decided that the appointment had been void. On appeal to the court it … Continue reading Fletcher v Vooght: BC 28 Feb 2000

Doodes v Gotham, Perry: ChD 17 Nov 2005

The trustee in bankruptcy had taken a charge on the property in 1992 to support the bankruptcy in 1988. He sought to enforce it in 2005. The chargor appealed an order which denied he was protected by limitation. Held: The appeal succeeded. Charges under the 1986 Act were unusual in that they were not preceded … Continue reading Doodes v Gotham, Perry: ChD 17 Nov 2005

Regina v Kansal (2): HL 29 Nov 2001

The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act. Held: In doing so the prosecutor was acting to give effect to section 433. The decision in Lambert to disallow retrospective effect of Human Rights decisions in appeal cases may have been incorrect, but will be followed. … Continue reading Regina v Kansal (2): HL 29 Nov 2001

In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001

S6 of the 1986 Act proceedings had been stayed pending criminal proceedings in which the defendant was eventually convicted of conspiracy to defraud, sentenced to imprisonment and given a two year disqualification order under s2 by the trial judge, at the invitation of the defendants own counsel. The Secretary of State then applied to restore … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001