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First Independent Factors and Finance Ltd v Mountford: ChD 23 Apr 2008

The claimant factors sought to attach personal liability to the debts of the company to the defendant director saying that he was in breach of section 216. Judges: Lewison J Citations: [2008] EWHC 835 (Ch) Links: Bailii Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Company, Insolvency Updated: 14 July 2022; Ref: scu.267061

Acts

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Remblance v Octagon Assets Ltd: CA 17 Jun 2009

A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, and should provide similar relief to a guarantor. Held: (Mummery … Continue reading Remblance v Octagon Assets Ltd: CA 17 Jun 2009

Platts v Western Trust and Savings Ltd: CA 9 Jun 1993

The court examined the extent of the Judge’s discretion on hearing an application to set aside a statutory demand. When property was valued for the purposes of a statutory demand, it should be as on a forced sale. A ‘forced sale’ was taken as one requiring completion within four months. The judge, in dealing with … Continue reading Platts v Western Trust and Savings Ltd: CA 9 Jun 1993

McGuinness v Norwich and Peterborough Building Society: CA 9 Nov 2011

The appellant had guaranteed his brother’s loan from the respondent, and the guarantee having been called in and unpaid, he had been made bankrupt. He now appealed saying that the guarantee debt, even though of a fixed amount could not form the basis of a statutory demand without action being taken on the debt first. … Continue reading McGuinness v Norwich and Peterborough Building Society: CA 9 Nov 2011

Truex v Toll: ChD 6 Mar 2009

The bankrupt appealed against an order in bankruptcy made against her on application by her former solicitors in respect of their unpaid costs. The bankrupt said that since the bill was yet untaxed, it might be altered and could not base a statutory demand. Held: The bankrupt’s appeal was allowed. A claim for solicitors’ fees … Continue reading Truex v Toll: ChD 6 Mar 2009

American Express International Banking Corporation v Hurley: ChD 1985

The property mortgaged was specialised sound and lighting equipment used at pop concerts. The mortgagee’s guarantor was dissatisfied with the way in which the receiver sold the equipment. Held: Where a company receiver was appointed under a charge in common form, he acted as the agent of the the mortgagor until the mortgagor’s liquidation. Something … Continue reading American Express International Banking Corporation v Hurley: ChD 1985

Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known … Continue reading Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

A Debtor v Focus Insurance Co Ltd (In Liquidation): ChD 12 Jul 1993

An expedited bankruptcy petition could be filed, despite the existence of an outstanding application to set aside the statutory demand on which it was based. Section 270 overrides section 267(2(d). Judges: Mummery J Citations: Times 12-Jul-1993 Statutes: Insolvency Act 1986 270, Insolvency Rules 1986 (1986 No 1925) Insolvency Updated: 15 May 2022; Ref: scu.77574

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The Funding Corporation Block Discounting Ltd v Lexi Holdings Plc: ChD 8 May 2008

The claimant sought a particular interest in the proceeds of sale of assets in the insolvent company, saying that they held equitable charges over the properties. Briggs J [2008] EWHC 985 (Ch), [2008] 2 BCLC 596, [2008] NPC 57 Bailii Insolvency Act 1986 43(6)(b) England and Wales Insolvency Updated: 06 December 2021; Ref: scu.267559

Barlow Clowes International Ltd and Others v Henwood: CA 23 May 2008

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