Citations: [2009] ScotCS CSOH – 76, 2009 SLT 659, 2009 GWD 20-333 Links: Bailii Statutes: Insolvency Act 1986 426 Jurisdiction: Scotland Insolvency Updated: 09 September 2022; Ref: scu.346591
The High Court has the power in an appropriate case to make an order requiring a bankrupt to stay within the jurisdiction. Citations: Times 27-Dec-1995, Ind Summary 29-Jan-1996 Statutes: Insolvency Act 1986 333 Jurisdiction: England and Wales Insolvency Updated: 09 December 2022; Ref: scu.83857
Behrens HHJ [2015] EWHC 1841 (Ch) Bailii Insolvency Act 1986 333 366 England and Wales Insolvency Updated: 01 January 2022; Ref: scu.549485
The administrators had adopted the contracts of certain employees, who now claimed that the protective awards should have priority to the expenses of the administration. Held: The payments did fall within paragraph 99(5) and do not have super-priority.Responsibility for protective awards on insolvency. Judges: Lord Justice Clarke Lord Justice Jacob Lord Justice Neuberger Citations: [2005] … Continue reading Krasner v McMath; in Re Huddersfield Fine Worsteds Limited: CA 12 Aug 2005
The accused had been convicted. After exercising his right to silence, there were read to the court accounts of statements made by co-accused but without an opportunity for him to cross examine the witnesses. Held: Saunders had established the integral part of a fair trial played by the right of silence. The inability to cross … Continue reading Luca v Italy: ECHR 27 Feb 2001
A liquidator of an Australian company sought damages from a ‘world-wide’ company Arthur Andersen’ and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That erred in taking a restrictive view of English insolvency practice. ‘Insolvency Law’ did not … Continue reading England v Smith: CA 8 Dec 1999
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
S6 of the 1986 Act proceedings had been stayed pending criminal proceedings in which the defendant was eventually convicted of conspiracy to defraud, sentenced to imprisonment and given a two year disqualification order under s2 by the trial judge, at the invitation of the defendants own counsel. The Secretary of State then applied to restore … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001
