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. . .
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order. Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The entitlement is a statutory one, and any liability to repay is separate and independent, being only a … Continue reading Secretary of State for Work and Pensions v Payne and Another: SC 14 Dec 2011
A fixed charge in a debenture without restrictions on dealing with monies received must be a floating charge. . .
Challenge to sale of house as at an undervalue. . .
The company’s assets were subject to a floating charge. That had crystallised. The liquidators, after a voluntary winding up, sought to make the assets remaining after repayment of the sums secured, available to pay the costs of the winding up. The . .