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Pollard and Another v Ashurst: ChD 16 Mar 2000

Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his … Continue reading Pollard and Another v Ashurst: ChD 16 Mar 2000

Patel v Jones: CA 24 May 2001

The defendant had been employed as a local government officer, and had accrued pension rights under the statutory scheme. He was made bankrupt, and later made redundant under circumstances triggering payment of the pension. The trustee claimed all or part of the pension. Held: He was entitled to the basic pension, pension lump sum, and … Continue reading Patel v Jones: CA 24 May 2001

ANC Ltd v Clark Goldring and Page Ltd and Another: CA 31 May 2000

The assignment of the fruits of an action for damages was a sale of property within section 436 of the Act, it was not within the exemption for champerty provided by the Act to a liquidator which arose from the statutory power of sale. The assignment of a cause of action assigned the right to … Continue reading ANC Ltd v Clark Goldring and Page Ltd and Another: CA 31 May 2000

Williams v Glover and Another: ChD 4 Jun 2013

The company’s liquidator had refused to assign to its former directors a claim for a reduction in corporation tax which they were funding. Held: Such a claim did not constitute property within section 436, and was not a chose capable of assignment. All that could be assigned would be the right to appeal. Since the … Continue reading Williams v Glover and Another: ChD 4 Jun 2013

Official Receiver v Environment Agency: CA 5 Aug 1999

A waste management licence could constitute both property and onerous property for the purposes of the Insolvency Act. It could also be an interest incidental to the land to which it related. Because of this the liquidator of a waste management company could disclaim the licence without committing an offence under the Act. Citations: Times … Continue reading Official Receiver v Environment Agency: CA 5 Aug 1999

Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

IVA is a special form of contract Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on its cessation. The liquidators challenged the clause as … Continue reading Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

Heath v Tang, Stevens v Peacock: CA 11 Aug 1993

The bankrupt applicants each applied to the Court of Appeal for leave to appeal against the judgment for a liquidated sum on which the bankruptcy petition had been based. In the first case, the trustee in bankruptcy indicated his unwillingness to pursue an appeal; in the second, no trustee had been appointed. Held: A bankrupt … Continue reading Heath v Tang, Stevens v Peacock: CA 11 Aug 1993