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Search Results for: Insolvency Act 1986 320
In Re Lee (A Bankrupt): ChD 24 Feb 1998
An order vesting a lease disclaimed by the trustee in bankruptcy, in a mortgagee, may provide that any profit which is made on a re-sale of the lease was to be paid on to the receiver for the benefit of creditors. Citations: Times 24-Feb-1998, Gazette 08-Apr-1998 Statutes: Insolvency Act 1986 320 Jurisdiction: England and Wales … Continue reading In Re Lee (A Bankrupt): ChD 24 Feb 1998
In Re Lee (A Bankrupt): CA 22 Aug 1999
The court has sufficient discretion to order that the surplus proceeds of sale of a leasehold interest could be paid to the liquidator despite his having himself disclaimed any interest in the lease. Nobody else had claimed an interest, and the creditors should receive the benefit. This was sensible despite the apparent termination of the … Continue reading In Re Lee (A Bankrupt): CA 22 Aug 1999
Hunt and Another v Conwy County Borough Council: ChD 8 May 2013
The claimant bankrupt and his mother sought a vesting order under the 1986 Act in respect of the pier at Colwyn Bay and its associated dwelling which had been disclaimed by the trustee as onerous property.
Held: The court had power to hear an . .
Fenland District Council v Sheppard and Others: ChD 3 Nov 2011
Short but somewhat difficult point under the provisions governing the vesting of disclaimed property of a bankrupt’s estate under section 320 of the Insolvency Act 1986 Judges: Roth J Citations: [2011] 45 EG 96 (CS),, [2012] 2 EG 68, [2011] EWHC 2829 (Ch) Links: Bailii Jurisdiction: England and Wales Land, Insolvency Updated: 09 December 2022; … Continue reading Fenland District Council v Sheppard and Others: ChD 3 Nov 2011
Sodexho Ltd v Gibbons: EAT 14 Jul 2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009
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 deed, looking at the ‘landscape of the instrument as a whole’ and interpretations given. The Court emphasised the … Continue reading Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009
OTG Ltd v Barke and Others: EAT 16 Feb 2011
EAT TRANSFER OF UNDERTAKING – InsolvencyAdministration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor’ within the meaning of reg. 8 (7) of TUPE … Continue reading OTG Ltd v Barke and Others: EAT 16 Feb 2011
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
Lloyd v McMahon: HL 12 Mar 1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
Costley-Wood and Others v Rowley and Another (Re Patisserie Holdings Plc and Others): ChD 3 Dec 2021
Whether non-compliance with requirements of Schedule B1 to the Insolvency Act 1986 (‘Sch. B1’ and ‘the Act’) affected the subsequent validity and/or conduct of the administrations and subsequent liquidations. Insolvency and Companies Court Judge Jones [2021] EWHC 3205 (Ch) Bailii England and Wales Insolvency Updated: 31 December 2021; Ref: scu.670316
Ultraframe (UK) Ltd v Fielding and others: ChD 27 Jul 2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
