This appeal raises two closely related questions of law: whether purported execution of a foreign judgment registered in the High Court pursuant to the terms of the Lugano Convention can be execution issued in respect of the judgment debt, for the purposes of section 268(1)(b) of the Insolvency Act 1986, if the execution occurred before … Continue reading Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020
Sheriff’s failure to gain access meant that he had failed to execute the writ of fieri facias. Failure to serve writ of fieri facias is not merely a formal defect or irregularity. Citations: Ind Summary 13-Sep-1993, Times 19-Jul-1993 Statutes: Insolvency Act 1986 268(1)(b) Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.81660
Citations: [2003] EWCA Civ 1886 Links: Bailii Statutes: Insolvency Act 1986 268(1) Jurisdiction: England and Wales Insolvency Updated: 06 September 2022; Ref: scu.193675
The ordinary procedure of an insolvency involves two-stage, a statutory demand followed by a bankruptcy petition. The service of a ‘statutory demand’ in the prescribed form is simply one means of establishing ‘inability to pay’. The procedure is intended to be brief, and is aimed at establishing an inability to pay and no more. It … Continue reading Re a Debtor: ChD 1994
A creditor was not obliged to take an offer of security where there was unsecured debt. Citations: Times 08-Dec-1993 Statutes: Insolvency Act 1986 268 Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81661
Appeal from setting aside of statutory demands. Citations: [2019] EWHC 1581 (Ch) Links: Bailii Statutes: Insolvency Act 1986 268 Jurisdiction: England and Wales Insolvency Updated: 15 July 2022; Ref: scu.639293
A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form. Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.Lord Justice Nicholls said: ‘The question arising on this appeal concerns the exercise by the court of … Continue reading In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland: CA 1989
Creditor’s application for annulment of bankruptcy Judges: Judge Agnello KC Deputy Insolvency and Companies Court Citations: [2022] EWHC 2683 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a) Jurisdiction: England and Wales Insolvency Updated: 31 October 2022; Ref: scu.682226
Judges: Floyd J Citations: [2010] EWHC 3071 (Ch), [2011] 1 WLR 1579, [2011] 2 Costs LO 163, [2011] 1 BCLC 368 Links: Bailii Statutes: Insolvency Act 1986 Sch B1 Jurisdiction: England and Wales Insolvency Updated: 27 September 2022; Ref: scu.426849
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
Judges: David Halpern QC Citations: [2017] EWHC 2688 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 03 April 2022; Ref: scu.602610
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008
