1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Tne question of whether there was at any time ‘pending court proceedings’ was answered by asking if there existed a court file. The section empowered a court itself to appoint another trustee in bankruptcy. Section 41 of the 1984 Act could be used by the HighCourt to take some control over proceedings for an individual … Continue reading Re Bullard and Taplin Ltd: ChD 1996
A trustee in bankruptcy had had vested in him the legal title to an action for damages for the loss to personal reputation and status of the bankrupt. Held: A declaration that he had no interest in a claim for damages against a former insolvency practitioner, was not a judgment in rem, making him a … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): CA 12 Jan 2001
Judges: Deputy Insolvency and Companies Court Judge Agnello QC Citations:  EWHC 3572 (Ch) Links: Bailii Statutes: Insolvency Act 1986 303 Jurisdiction: England and Wales Cited by: See Also – Baxendale-Walker v Irwin Mitchell Llp and Others 3423 ChD 20-Dec-2018 Judgment in application by fifth defendant for a limited civil restraint order. . . Lists … Continue reading Baxendale-Walker v Irwin Mitchell Llp and Others 3572: ChD 20 Dec 2018
Where a bankrupt wished to pursue an action held for him personally rather than his creditors. Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the trustee as a co-defendant and to commence the action under his own … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000
The Court has no power to direct the Official Receiver as to suspension of bankruptcy. Citations: Times 19-Jul-1996,  BPIR 77 Statutes: Insolvency Act 1986 303(1) 303(2) Cited by: Cited – 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 … Continue reading Hardy v Focus Insurance Co (In Liquidation): ChD 19 Jul 1996
The trustee in bankruptcy appealed against an order as to compliance with statutory notices issued by HMRC. The trustee argued that all but one of the orders was made in excess of jurisdiction. Mann J  EWHC 1674 (Ch) Bailii Insolvency Act 1986 303, Finance Act 2008 Sch 36 England and Wales Insolvency, Taxes Management … Continue reading HM Revenue and Customs v Ariel: ChD 8 Jul 2016
A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he . .
A third party agreed to pay the bankrupt’s debts. He applied for the bankruptcy to be annulled, and for the trustee’s costs to be assessed and fixed at a reasonable level under section 303. The trustee appealed the costs order saying that the . .
Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had sufficient equity in her property (over andpound;70k) to borrow sufficient to discharge her debt. Held: The … Continue reading Halabi v London Borough of Camden: ChD 14 Feb 2008
 EWCA Civ 1303,  BCC 393 Bailii Insolvency Act 1986 England and Wales Citing: Cited – Sigma Finance Corporation, Re Insolvency Act 1986 ChD 7-Nov-2008 . . Cited by: Appeal From – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009 The court considered how the losses of the insolvent company were to be … Continue reading Re Sigma Finance Corp: CA 25 Nov 2008
The bankrupt applicants each applied to the Court of Appeal for leave to appeal against the judgment for a liquidated sum on which the bankruptcy petition had been based. In the first case, the trustee in bankruptcy indicated his unwillingness to pursue an appeal; in the second, no trustee had been appointed. Held: A bankrupt … Continue reading Heath v Tang, Stevens v Peacock: CA 11 Aug 1993
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s solicitors were disproportionate. On appeal they had been reduced, but he appealed again seeking a … Continue reading Brook v Reed: CA 25 Mar 2011
The trustee in bankruptcy had retired and an order made for the block transfer of the assets to the new trustee. The bankrupt objected and now appealed against the refusal to set the transfer aside.
Held: Section 303(2) allowed the court to . .
The court considered how to determine in the context of applications for confiscation orders, the value of the ‘benefit’ obtained by an offender who has been guilty of managing a company as a director in contravention of a director’s . .
The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed.
Held: The court considered the interpretations of the . .
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
The court was asked questions to interpret the terms of interest-bearing notes, which were issued by Eurosail-UK 2007-3BL PLC, a special purpose vehicle formed to hold income-producing assets, consisting of mortgage loans, to be used to meet the . .
EAT TRANSFER OF UNDERTAKING – Insolvency
Administration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency . .
The deceased had given a guarantee of the tenant’s covenant given by his company under a lease. The court was asked whether the obligations under the guarantee survived his death after he company was wound up.
Held: Chadwick LJ explained the . .
The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The . .