Reynard v Fox: ChD 8 Aug 2018
Citations: [2018] EWHC 2141 (Ch) Links: Bailii Statutes: Insolvency Act 1986 304 Jurisdiction: England and Wales Insolvency Updated: 26 April 2022; Ref: scu.621142
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Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
Papanicola v Fagan: ChD 20 Nov 2008
Trustee’s application to have set aside a gift at an undervalue. Citations: [2008] EWHC 3348 (Ch), [2009] BPIR 320 Links: Bailii Statutes: Insolvency Act 1986 339 423 Jurisdiction: England and Wales Insolvency Updated: 30 June 2022; Ref: scu.304553
In re Beck Foods Ltd: Boston Borough Council v Rees and Bennett: CA 20 Dec 2001
The council appealed a decision that the administrative receivers of a company were not liable personally for the non-domestic rates otherwise incurred by a company during the receivership. Held: The activities of the receiver or manager were not activities creating a ratable occupation. The original business owner remained in occupation for this purpose. Judges: Lord … Continue reading In re Beck Foods Ltd: Boston Borough Council v Rees and Bennett: CA 20 Dec 2001
Managa Properties Ltd v Brittain: ChD 6 Feb 2009
Challenges associated with rejection of proof of debt. Judges: Hollander QC HHJ Citations: [2009] EWHC 157 (Ch), [2010] Bus LR 599, [2009] 1 BCLC 689, [2009] BPIR 306 Links: Bailii Statutes: Insolvency Act 1986 172(3) Jurisdiction: England and Wales Insolvency Updated: 28 June 2022; Ref: scu.304539
Secretary of State for Trade and Industry v Frid: HL 13 May 2004
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
Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004
The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee. Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged against the assets subject to the floating charge: ‘The winding up of a company is a … Continue reading Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004
Hobbs and Another v Gibson and Others: ChD 17 Dec 2010
Action for order removing liquidators Judges: Purle QC J Citations: [2010] EWHC 3676 (Ch) Links: Bailii Statutes: Insolvency Act 1986 108 Jurisdiction: England and Wales Insolvency Updated: 10 June 2022; Ref: scu.430493
Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003
Judges: Lord Carloway Citations: [2003] ScotCS 304 Links: Bailii Statutes: Insolvency Act 1986 242 Jurisdiction: Scotland Cited by: See Also – Mathew Purdon Henderson ( Liquidator of Letham Grange Development Co Ltd) v 3052775 Nova Scotia Ltd OHCS 21-Apr-2004 . .See Also – Henderson v 3052775 Nova Scotia Limited IHCS 18-Feb-2005 . .See Also – … Continue reading Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003
Cassanova v Cockerton: ChD 22 Jun 2021
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