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
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An insolvency court answering an international call for assistance has the full range of remedies available to it. It may exercise ‘its own general jurisdiction and powers’ as well as the insolvency laws of England and the corresponding laws of the requesting state. The court identified three categories of assistance an English court might make … Continue reading Hughes and others v Hannover Re Ruckversicherungs-Aktiengesellschaft: CA 28 Jan 1997
The court considered the interpretation of section 426 of the 1986 Act, and in particular the circumstances in which the courts of England and Wales have jurisdiction to accede to a request for assistance from a foreign court (in this case, the Royal Court of Jersey). Judges: Longmore, McFarlane, Davis LJJ Citations: [2013] EWCA Civ … Continue reading HSBC Bank Plc v Tambrook Jersey Ltd: CA 22 May 2013
The court discussed the the receipt and acceptance of a letter of request: ‘The scheme of subsection (5) appears to me to be this. The first step is to identify the matters specified in the request. Secondly, the domestic court should ask itself what would be the relevant insolvency law applicable by the domestic court … Continue reading Re Dallhold Estates (UK) Pty Ltd: ChD 1992
The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia. Held: It was inevitable that cross border insolvency arrangements would cause difficulty, and particularly so for insurance companies. Such a transfer would prejudice … Continue reading McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006
The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and should have taken account of cross claims. The defendant argued that the order was sought on a … Continue reading John Louis Carter Fourie v Allan Le Roux and others: CA 7 Mar 2005
(Orse In Re HIH Casualty and General Insurance Ltd)HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court. Held: Once it was accepted that an English court may order the liquidator here to remit funds … Continue reading McGrath and others v Riddell and others: HL 9 Apr 2008
The Court was asked ‘whether, and if so, in what circumstances, an order or judgment of a foreign court . . in proceedings to adjust or set aside prior transactions, eg preferences or transactions at an undervalue, will be recognised and enforced in England. The appeals also raise the question whether enforcement may be effected … Continue reading Rubin and Another v Eurofinance Sa and Others: SC 24 Oct 2012
Section 236 extended the power of a liquidator to require from the company’s officers all the documents he would reasonably need in order to fulfil his duties under the Act.Lord Slynn said: ‘The protection for the person called upon to produce documents lies, thus, not in a limitation by category of documents (‘reconstituting the company’s … Continue reading In re British and Commonwealth Holdings plc (Nos 1 and 2): HL 1993
Judges: Floyd J Citations: [2010] EWHC 3071 (Ch), [2011] 1 WLR 1579, [2011] 2 Costs LO 163, [2011] 1 BCLC 368 Links: Bailii Statutes: Insolvency Act 1986 Sch B1 Jurisdiction: England and Wales Insolvency Updated: 27 September 2022; Ref: scu.426849
‘The present Application raises an interesting question about the scope of section 236 of the Insolvency Act 1986 (‘IA’). This has been described as the question whether the section has extraterritorial effect. More particularly, the question is whether an Order may be made under the section directed to a Respondent resident abroad, in this case … Continue reading Wallace v Wallace: ChD 25 Sep 2019
The claimant appealed against his bankruptcy saying that it had followed as statutory demand based upon his alleged default under a guarantee of his brothers mortgage borrowings. He said that such a claim was not a liquidated sum within the 1986 Act. Held: The appeal failed. Judges: Briggs J Citations: [2010] NPC 116, [2011] BPIR … Continue reading McGuinness v Norwich and Peterborough Building Society: ChD 23 Nov 2010
A claim was made in respect of personal injuries sustained by a passenger when a tram ran out of control. The Company was in insolvent liquidation. A claim for the same amount for the same injuries could be made in contract or in tort. Held: The unliquidated claim in contract was provable, but not the … Continue reading Re Great Orme Tramways Co: 1934
the court considered whether liabilities for damages for wrongful dismissal of football players were debts provable in insolvency. Held: When an administrator of a company adopted contracts of employment and the company later was found liable to pay damages for their wrongful dismisal, the damages payable did not have priority in the liquidation. Judges: Pumfrey … Continue reading In re the Leeds United Association Football Club: ChD 25 Jul 2007
Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known … Continue reading Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998
A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency … Continue reading Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996
Application for an extension of time for appeal against a committal order. The grounds for the committal were multiple breaches of freezing orders, orders requiring disclosure of assets and orders requiring the defendant not to leave the jurisdiction. [2019] EWCA Civ 1626 Bailii England and Wales Citing: See Also – Lakatamia Shipping Co Ltd v … Continue reading Lakatamia v Su: CA 24 Sep 2019
The Revenue sought an order under section 212 of the 1986 Act, for payment of the tax debts of the insolvent company by a de facto director. H had organised a scheme under which IT contractors had worked through companies created by him under a composite company scheme, and in each of which he retained … Continue reading Holland v Revenue and Customs and Another: SC 24 Nov 2010