Having waived his right to a dividend under a voluntary arrangement, a creditor could not object to its later variation to include other creditors, despite an absence of explicit power in the deed for this purpose. Waiver should have been made explicit. Citations: Times 14-Apr-1999, [1999] EWCA Civ 1039, [1999] 3 All ER 72 Statutes: … Continue reading Raja v Rubin and Another: CA 19 Mar 1999
These applications raise the question of whether the court has the power under section 236(3) of the IA 1986 to require persons resident in the EU to produce books and papers and an account of their dealings with a company being compulsorily wound up in England and Wales. Judges: Sir Geoffrey Vos Citations: [2020] EWHC … Continue reading Re Akkurate Ltd: ChD 4 Jun 2020
Citations: [2004] EWCA Civ 1761 Links: Bailii Statutes: Insolvency Act 1986 263(3) Jurisdiction: England and Wales Insolvency Updated: 14 November 2022; Ref: scu.220658
The agency challenged the inclusion in an individual voluntary arrangement of the father’s arrears of child support. The creditors meeting had approved a full and final settlement. 94% of the debts were arrears of child support. The Commission said that such arrears were not subject to the arrangement, and the arrangement was unfair to it. … Continue reading Child Maintenance and Enforcement Commission v Beesley and Another: ChD 11 Mar 2010
The degree to which an appellate court will be willing to substitute its own judgment for that of the tribunal will vary with the nature of the question. Hoffmann LJ said: ‘The concept of limited liability and the sophistication of our corporate law . .
