Search Results for: Insolvency Act 1986 35

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First Independent Factors and Finance Ltd v Mountford: ChD 23 Apr 2008

The claimant factors sought to attach personal liability to the debts of the company to the defendant director saying that he was in breach of section 216. Judges: Lewison J Citations: [2008] EWHC 835 (Ch) Links: Bailii Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Company, Insolvency Updated: 14 July 2022; Ref: scu.267061

Official Receiver As Liquidator of Celtic Extraction Ltd and Bluestone Chemicals Ltd v Environmental Agency: CA 14 Jul 1999

A waste management licence is ‘property’ for the purposes of the Act. Citations: [1999] EWCA Civ 1835, [2001] Ch 475 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005 The parties had engaged in a bitter 95 day trial in which … Continue reading Official Receiver As Liquidator of Celtic Extraction Ltd and Bluestone Chemicals Ltd v Environmental Agency: CA 14 Jul 1999

Baxendale-Walker v Irwin Mitchell Llp and Others 3572: ChD 20 Dec 2018

Judges: Deputy Insolvency and Companies Court Judge Agnello QC Citations: [2018] 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

Acts

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

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

Regina v Daniel: CACD 22 Mar 2002

The defendant appealed a conviction for hiding assets from her receiver following her bankruptcy. He said that recent case law suggested that the burden of establishing the defence under section 352 was evidential only. Held: The conviction predated the Human Rights Act, and was correct at the time. The Carass ruling applied also to the … Continue reading Regina v Daniel: CACD 22 Mar 2002

Regina v Kearns: CACD 22 Mar 2002

The defendant had failed to account for the disappearance of a substantial part of his estate to the official receiver following his bankruptcy. He appealed his conviction for failing to provide an account, saying that the requirement to provide information infringed his right of silence and to a fair trial. Held: The provisions were not … Continue reading Regina v Kearns: CACD 22 Mar 2002

In Re Devon and Somerset Farmers Ltd: ChD 25 May 1993

An Industrial and Provident Societies Act society is unregistered and is therefore not a company for the purposes of s40. Had that been intended express statutory provision would have been made. Judges: Hague QC J Citations: Times 25-May-1993, Gazette 01-Sep-1993, [1993] BCC 410 Statutes: Insolvency Act 1986 40 251, Industrial and Provident Societies Act 1965, … Continue reading In Re Devon and Somerset Farmers Ltd: ChD 25 May 1993

In Re Thirty-Eight Building Ltd: ChD 14 Jan 1999

For identifying whether a declaration of trust in favour of an employees’ pension scheme was preferential, the test was by reference to the trustees collectively. This was so under the section despite the close identity of the trustees with the directors. Citations: Times 14-Jan-1999 Statutes: Insolvency Act 1986 239 435(5)(b) Jurisdiction: England and Wales Insolvency … Continue reading In Re Thirty-Eight Building Ltd: ChD 14 Jan 1999

Raithatha v Williamson: ChD 4 Apr 2012

A bankrupt’s present entitlement to compel payment of pension benefits fell to be included in the assessment of his income within the meaning of section 310(7) of the Insolvency Act. Judges: Bernard Livesey QC Citations: [2012] EWHC 909 (Ch), [2012] 1 WLR 3559, [2012] BPIR 621, [2012] WLR(D) 115, [2012] 3 All ER 1028 Links: … Continue reading Raithatha v Williamson: ChD 4 Apr 2012

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any justification for his assertions or claim. Held: ‘the defender’s position in this … Continue reading The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

Macaria Investments Ltd v Sanders and Another: ChD 17 Dec 2010

Application under section 6 of the Insolvency Act 1986 for an order that the approval of a Company Voluntary Arrangement in respect of the second respondent given by a meeting of creditors be revoked on the grounds that there was material irregularity in relation to that meeting. Judges: Roth J Citations: [2010] EWHC 3353 (Ch), … Continue reading Macaria Investments Ltd v Sanders and Another: ChD 17 Dec 2010

Sharp and Others v Woolwich Building Society: HL 6 Feb 1997

The House was asked: what is meant by the word property in a floating charge and in section 53(7) of the 1986 Act which provides for the effect of the appointment of a receiver by the holder of such a charge in the following terms: ‘(7) On the appointment of a receiver under this section, … Continue reading Sharp and Others v Woolwich Building Society: HL 6 Feb 1997

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

Cartwright v Cartwright and Others: CA 3 Jul 2002

The petitioner former wife sought to make the husband bankrupt on the basis of unpaid maintenance debts. The maintenance was subject to variation by the original foreign court which had made the order. Held: The order was one recognised under the Act. The fact that the foreign court could still order a variation was critical … Continue reading Cartwright v Cartwright and Others: CA 3 Jul 2002

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011

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 liabilities on the Notes, and in particular whether the rspondent had been insolvent when entering into them. … Continue reading BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011

Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

The claimants appealed against bankruptcy orders made against assessed liability to income tax and penalties. As solicitors, their practice had suffered intervention, but they argued that their assets comfortably exceeded their liabilities and that they should have been given more time to pay. Held: They said that as a result of the intervention within their … Continue reading Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

Mountney v Treharne: CA 8 Aug 2002

In ancillary relief proceedings in a divorce, the husband had been ordered to transfer his interest in property to his wife. Before it was put into effect, he became insolvent. The wife and receiver competed for the interest to have been transferred. Held: Upon the order taking effect (upon the decree absolute), the wife acquired … Continue reading Mountney v Treharne: CA 8 Aug 2002

Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration. Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an … Continue reading Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

Singla v Hedman and Others: ChD 27 Nov 2009

Judges: Kitchin J Citations: [2009] EWHC 3510 (Ch), [2010] BCC 674 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: See Also – Singla v Hedman and Others ChD 28-Apr-2010 The claimant sought an order for wrongful trading against the former directors of a company in liquidation, and to set aside agreements … Continue reading Singla v Hedman and Others: ChD 27 Nov 2009

Everitt v Budhram and Another: ChD 20 May 2009

The trustee in bankruptcy appealed against rejection of his claim for the sale of the home in which the bankrupts each held a one half share. The bankruptcies arose from non payment of council tax. The principle sums had been repaid, and the outstanding matters were the trustee’s costs. The bankrupts had not co-operated, and … Continue reading Everitt v Budhram and Another: ChD 20 May 2009

Re Lehman Brothers International (Europe) and Others: ChD 14 Mar 2014

On the winding up of the company, there had unexpectedly been a surplus of assets after payment of all debts. The court was now asked to determine claims to be allowed before a distribution was made. Held: The court made declarations as follows: ‘i) The claims of LBHI2 under its subordinated loan agreements with LBIE … Continue reading Re Lehman Brothers International (Europe) and Others: ChD 14 Mar 2014

In re Nortel Companies and Others: SC 24 Jul 2013

The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013

Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005

The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made necessary by the Post Office and Bradley cases. Limitation defences were deployed to strike the action out. … Continue reading Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005

Brown v Rice and Another: ChD 14 Mar 2007

The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007

In re Calgary and Edmonton Land Co Ltd (In liquidation): 1975

Creditors in a liquidation have only a right to have the assets administered by the liquidator in accordance with the provisions of the Insolvency Act 1986. The trust applies only to the company’s property. It does not affect the proprietary interests of others. Citations: [1975] 1 WLR 355 Jurisdiction: England and Wales Cited by: Cited … Continue reading In re Calgary and Edmonton Land Co Ltd (In liquidation): 1975

Brenner v Revenue and Customs; In re Modern Jet Support Centre Ltd: ChD 21 Jul 2005

The court was asked whether the process of distraint against goods for unpaid tax under section 61 of the 1970 Act is an ‘execution’ within section 183 of the 1986 Act which applies where a creditor has issued, but not completed, execution against the goods or land of a company which is subsequently wound up. … Continue reading Brenner v Revenue and Customs; In re Modern Jet Support Centre Ltd: ChD 21 Jul 2005

Re Bamford Publishers Ltd: ChD 2 Jun 1977

The Secretary of State sought the winding up of a company. The court considered the discretion to accept undertakings as to the company’s future conduct: ‘Quite clearly the Company has been engaged in a disreputable system of trading. The Company has offered a series of undertakings which are designed to secure that its future trading … Continue reading Re Bamford Publishers Ltd: ChD 2 Jun 1977

Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be permitted to do so, applies also to a distress levied by the Crown under a statutory … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

Shierson and Another v Rastogi and Another: CA 9 Nov 2002

Company directors in an insolvent liquidation faced proceedings by the liquidators. They resisted providing additional evidence under examination by the liquidators. Held: The sections under the 1986 Act should be read together. Where a director faced serious charges, requiring him to provide evidence against himself would be oppressive. The existence of such proceedings must be … Continue reading Shierson and Another v Rastogi and Another: CA 9 Nov 2002

Regina v Clive Louden Carass: CACD 19 Dec 2001

When a defendant was accused of an offence under the section, and wished to raise a defence under sub-section 4, the duty of proof placed on him by the sub-section amounted to a duty to bring sufficient evidence to raise the defence, and the section did not transfer the burden from the prosecution. Held: To … Continue reading Regina v Clive Louden Carass: CACD 19 Dec 2001

Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

(Cayman Islands) The Board was asked whether a debtor or alleged debtor of a company in liquidation can apply for the removal of a liquidator, in whom the creditors and contributors of the company appear to have confidence, on the ground that he is subject to a conflict of interest. Held: A debtor does not … Continue reading Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

Somji v Cadbury Schweppes Plc: CA 20 Dec 2000

Where a party’s agreement to an individual voluntary arrangement had been obtained by an advantage offered to that creditor but not disclosed to others, the entire arrangement could be set aside. In this case the offer to purchase a debt after the arrangement was not an ordinary dealing in distressed debt. There was a duty … Continue reading Somji v Cadbury Schweppes Plc: CA 20 Dec 2000

Hurst v Bennett and Others In Re A Debtor (No 302 of 1997): CA 16 Feb 2001

A former partner in a firm could not set off sums due to him from the former partnership, against sums expended by remaining partners in acting to protect partnership property, and claimed from him. There was insufficient mutuality to enforce the set off. The one claim was by partners but as trustees, and the other … Continue reading Hurst v Bennett and Others In Re A Debtor (No 302 of 1997): CA 16 Feb 2001

Holder v The Law Society: Admn 26 Jul 2005

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 reasonable by-stander, properly informed of the facts, could not consider otherwise.’ The tribunal had properly considered all the evidence as to … Continue reading Holder v The Law Society: Admn 26 Jul 2005

Regina v Kansal: CACD 24 Jun 1992

K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992

In re a Company (Bond Jewellers): ChD 21 Dec 1983

A tenant company had a propensity for postponing payment of its debts until threatened with litigation. Nourse J felt unable to make an order under section 223(d), and considered, but ultimately did not make an order, on the ‘just and equitable’ ground in section 222(f). The phrase ‘as they fall due’, although not part of … Continue reading In re a Company (Bond Jewellers): ChD 21 Dec 1983

Regina v Brady: CACD 22 Jun 2004

The defendant appeal against a conviction for cheating the revenue after the use of evidence obtained against him by compulsion in investigations under the Insolvency Act. Held: The information obtained in an investigation would normally be considered confidential, but had been used to obtain warrants and to lay informations: ‘It is self-evidently in the public … Continue reading Regina v Brady: CACD 22 Jun 2004

Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation): HL 30 Jul 2009

The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non oritur actio. Held: (Mance and Scott LL dissenting) The appeal succeeded. The company could not bring … Continue reading Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation): HL 30 Jul 2009

Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

A Company and its Directors are not same paersons Mr Salomon had incorporated his long standing personal business of shoe manufacture into a limited company. He held nearly all the shares, and had received debentures on the transfer into the company of his former business. The business failed, and a subsequent debenture holder now said … Continue reading Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

Milne, Liquidator of Premier Housewares (Scotland) Llp v Rashid: SCS 14 Mar 2018

The noter sought an order under section 214A of the 1986 Act for recovery of sums withdrawn by the respondent from the LLP in the two year period before the granting of the winding up order. Citations: [2018] ScotCS CSOH – 23 Links: Bailii Statutes: Insolvency Act 1986 214A Jurisdiction: Scotland Insolvency Updated: 14 April … Continue reading Milne, Liquidator of Premier Housewares (Scotland) Llp v Rashid: SCS 14 Mar 2018

In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official … Continue reading In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

The Secretary of State for Business, Energy and Industrial Strategy v Rigil Kent Acquisitions Ltd and Others: ChD 19 Dec 2017

Applications for the appointment of a provisional liquidator pending the hearing of various petitions for the winding up of a group of companies, on the public interest ground Judges: Marcus Smith J Citations: [2017] EWHC 3636 (Ch) Links: Bailii Statutes: Insolvency Act 1986 135 Jurisdiction: England and Wales Company, Insolvency Updated: 05 April 2022; Ref: … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Rigil Kent Acquisitions Ltd and Others: ChD 19 Dec 2017

Re Ledingham-Smith: ChD 1993

The bankrupt’s accountants had been paid their fees by standing order. Arrears mounted and the sum was increased. On the bankruptcy, the trustee sought to recover the increased payment. The court considered whether they had been given a preference. Held: The accountants had continued to act, and therefore were not in a better position than … Continue reading Re Ledingham-Smith: ChD 1993

In re Polly Peck International plc, Ex parte the joint administrators: ChD 1994

The purposes of a liquidation, or administration or receivership of a company must include the gathering of information as to the conduct of the affairs of the company, and those who had conducted them so that the office-holder can report to the Secretary of State as he is required to do by section 7(3) of … Continue reading In re Polly Peck International plc, Ex parte the joint administrators: ChD 1994

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017

C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006

In re a Company (No 0012209 of 1991): ChD 1992

It is an abuse of the process of the court to make a statutory demand or present a winding-up petition based on a claim to which there is a triable defence. Where a statutory demand is made but disputed on reasonable grounds, the creditor may find himself liable to indemnity costs on its dismissal.Hoffmann J … Continue reading In re a Company (No 0012209 of 1991): ChD 1992

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

LB Holdings Intermediate 2 Ltd, (The Joint Administrators of) and Others v Lomas and Others: CA 14 May 2015

Applications after recovery of surplus funds to repay creditors of Lehmann Brothers Ltd. The court had given orders as to the several uses of the surpluses. The parties appealed some elements of those orders. Held: Most elements were upheld, but some varied.Lewison LJ pointed out at when paying the interest, the administrator acts as agent … Continue reading LB Holdings Intermediate 2 Ltd, (The Joint Administrators of) and Others v Lomas and Others: CA 14 May 2015

National Westminster Bank Plc v Spectrum Plus Ltd and others: ChD 15 Jan 2004

The company granted a debenture to the claimant purporting to secure its book debts. The company went into liquidation. The liquidator challenged the bank’s charge. Held: Siebe was wrongly decided. The charge was ineffective over the book debts. Vice Chancellor Andrew Morritt [2004] 2 WLR 783, [2004] 1 All ER 981, [2004] BCC 51, [2004] … Continue reading National Westminster Bank Plc v Spectrum Plus Ltd and others: ChD 15 Jan 2004

Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

Flightline Ltd v Edwards and Another: ChD 2 Aug 2002

Money had been paid into an account in the joint names of the parties’ solicitors in order to purchase the release of the applicants from an asset freezing order. The respondent company was in liquidation. It was argued that the payment of funds into the joint account made the claimant a secured creditor. The liquidators … Continue reading Flightline Ltd v Edwards and Another: ChD 2 Aug 2002

Brown and Another (Joint Administrators of Oceancrown Ltd) v Stonegale Ltd: SCS 11 Dec 2013

Administrators sought to have set aside transactions made before the companies went into administration. Held: Rejecting the director’s arguments, the Lord Ordinary said: ‘No one paid anything for 110, 210, 260 Glasgow Road and 64 Roslea Drive. The sellers, namely Oceancrown, Loanwell and Questway, did not receive anything in return for the dispositions under challenge. … Continue reading Brown and Another (Joint Administrators of Oceancrown Ltd) v Stonegale Ltd: SCS 11 Dec 2013

The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008

The claimant requested the revocation of a grant of probate to the defendant. They had suspicions about the will propounded and lodged a caveat which was warned off and the grant completed. In breach of court orders, the defendant had transferred substantial estate assets abroad. The defendant said that the burden of proving that the … Continue reading The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Bishopsgate Investment Management Ltd (In Provisional Liquidation) v Maxwell and Another: CA 13 May 1992

A company liquidator applied for an order under sections 235 and 236 of the Insolvency Act 1986 that a director should disclose information to that liquidator. The Director objected that to do so would infringe his privilege against self-incrimination. In separate proceedings, heard for these purposes together, two other companies sought remedies of an account … Continue reading Bishopsgate Investment Management Ltd (In Provisional Liquidation) v Maxwell and Another: CA 13 May 1992

Re Kaytech International plc; Secretary of State for Trade and Industry v Kaczer and others: CA 1999

Robert Walker LJ said that the expression ‘de facto director’ had been in use for a long time, and commented on the failure to distinguish in pleadings between pleas that someone was a shadow or a de facto director. The two different labels were not necessarily mutually exclusive. He said: ‘However the two concepts do … Continue reading Re Kaytech International plc; Secretary of State for Trade and Industry v Kaczer and others: CA 1999

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Government of India v Taylor: HL 1955

The Government of India sought to prove in the voluntary liquidation of a company registered in the United Kingdom but trading in India for a sum due in respect of Indian income tax, including capital gains tax, which arose on the sale of the company’s undertaking in India. Held: The claim was not maintainable because … Continue reading Government of India v Taylor: HL 1955

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

In Re Melinek (A Bankrupt); Bristol and West Building Society v Alexander (The Trustee Of The Property of Back) (A Bankrupt); Melinek (A Bankrupt): ChD 10 Apr 1997

References: Times 10-Apr-1997, (1998) 1 BCLC 485 Coram: David Young QC The applicants sought leave to proceed in actions against the defendants against whom bankruptcy proceedings were pending. Consnet should have been obtained before proceedings were issued, but application was now made nunc pro tunc. Held: The court has a free hand in these situations … Continue reading In Re Melinek (A Bankrupt); Bristol and West Building Society v Alexander (The Trustee Of The Property of Back) (A Bankrupt); Melinek (A Bankrupt): ChD 10 Apr 1997