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Newey J [2012] EWHC 4090 (Ch) Bailii Insolvency Act 1986 265 England and Wales Insolvency Updated: 01 December 2021; Ref: scu.522672
The receiver appealed against an order finding that the debtor petitioner was not domiciled here when the order was made. The debtor had a domicile of origin in England, but later acquired on in the Isle of Man. He then acquired a home in Mauritius and left IOM. The creditor said that new home was … Continue reading Barlow Clowes International Ltd and Others v Henwood: CA 23 May 2008
Judges: Mr Justice Collins Citations: [2004] EWHC 932 (Ch), [2004] 2 All ER 911, [2004] BCC 401, 2004] 2 BCLC 550, [2004] 1 WLR 2654 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 29 August 2022; Ref: scu.196062
The registrar had decided that the debtor’s centre of main interests was situated in Switzerland. Held: Article 3 of Regulation (EC) 1346/2000 did not displace the bankruptcy jurisdiction which (as the registrar found) the High Court would otherwise have under section 265 of the Insolvency Act 1986. Judges: Judge Howarth Citations: [2002] EWHC 2898 (Ch) … Continue reading Skjevesland v Geveran Trading Company Limited: ChD 2002
A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency … Continue reading Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996
The court considered how earlier cases were to be considered given that the 1986 Act was intended to be a complete and self contained code: ‘Those authorities show that, in approaching the language of the 1986 Act, one must pay particular attention to the purposes and policies of its own provisions and be wary of … Continue reading In re a Debtor (No 784 of 1991): 1992
Application for an extension of time for appeal against a committal order. The grounds for the committal were multiple breaches of freezing orders, orders requiring disclosure of assets and orders requiring the defendant not to leave the jurisdiction. [2019] EWCA Civ 1626 Bailii England and Wales Citing: See Also – Lakatamia Shipping Co Ltd v … Continue reading Lakatamia v Su: CA 24 Sep 2019