Citations: ,[2004] 1 WLR 2832, [2003] EWCA Civ 1925, [2004] 2 All ER 294 Links: Bailii Statutes: Insolvency Act 1986 279 Jurisdiction: England and Wales Citing: Appeal from – Bagnall QC v the Official Receiver ChD 18-Jun-2003 The bankrupt was to receive his automatic discharge. The receiver had applied ex parte to suspend the automatic … Continue reading Bagnall QC v Official Receiver: CA 1 Dec 2003
The bankrupt was to receive his automatic discharge. The receiver had applied ex parte to suspend the automatic discharge. The bankrupt appealed. Held: The court had power to make such an order. The court had seen strong prima facie evidence that the bankrupt had failed in his obligation to co-operate with the receiver. The failure … Continue reading Bagnall QC v the Official Receiver: ChD 18 Jun 2003
Judges: HHJ Halliwell Citations: [2022] EWHC 1060 (Ch) Links: Bailii Statutes: Insolvency Act 1986 279(3) 366(1) Jurisdiction: England and Wales Insolvency Updated: 31 May 2022; Ref: scu.677539
The bankrupt was due to have his automatic discharge, but the Official Receiver applied on the day before for the discharge for an interim suspension of the discharge to allow consideration of his alleged lack of co-operation. The bankrupt said the court had no power to make such an order. The Official receiver had served … Continue reading Jacobs v Official Receiver; In re Jacobs (a bankrupt): ChD 3 Apr 1998
The subject of the bankruptcy proceedings asked that the petition be heard in private so as not to prejudice pending criminal proceedings in a foreign jurisdiction. Held: The bankrupt would be required to answer questions which might be self incriminating. The court had power to hear the matter in private, and would do so, but … Continue reading In re Rottmann (a Bankrupt): ChD 20 May 2008
The applicant sought leave to appeal against a refusal to adjourn his examination in bankruptcy fearing that the contents would become public prejudicing his criminal trial abroad. The court had allowed a private examination, but he felt this was insufficient protection. Held: Leave was refused. Judges: Mummery LJ Citations: [2008] EWCA Civ 1360 Links: Bailii … Continue reading Rottmann v Brittain: CA 12 Nov 2008
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
Application by the Trustee in Bankruptcy of under section 279(3) of the Insolvency Act 1986 to suspend the date of discharge of Mr. K from his bankruptcy. Miss Penelope Reed QC (Sitting as a Deputy Judge of the Chancery Division) [2013] EWHC 2204 (Ch) Bailii England and Wales Insolvency Updated: 20 January 2022; Ref: scu.514968
The landlord had taken a guarantee of the lease from the tenant when granting a licence to assign to the new tenant. That new tenant had become insolvent and the liquidator had disclaimed the lease. The court considered the position under Hindcastle after the 1995 Act. Held: The guaranteer’s appeal succeeded. The effect of the … Continue reading Shaw v Doleman: CA 1 Apr 2009
The Revenue sought an order under section 212 of the 1986 Act, for payment of the tax debts of the insolvent company by a de facto director. H had organised a scheme under which IT contractors had worked through companies created by him under a composite company scheme, and in each of which he retained … Continue reading Holland v Revenue and Customs and Another: SC 24 Nov 2010