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In Re T and D Industries Plc and Another: ChD 23 Nov 1999

An administrator appointed under the Act was free to dispose of a company’s assets without first making an application to court for permission, and without first obtaining approval of his proposal from the creditors. The administrator’s role would require difficult and sometimes urgent decisions. Judges: Neuberger J Citations: Times 23-Nov-1999, Gazette 01-Dec-1999 Statutes: Insolvency Act … Continue reading In Re T and D Industries Plc and Another: ChD 23 Nov 1999

In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006

The administrators held cash. They proposed a distribution giving creditors who would on a winding up be preferential, full preference. They appealed refusal by the court to sanction the proposal. Held: The court had no power to make such an order. From the cases there were three sources for the court’s power to sanction, or … Continue reading In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006

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

In Re Powershore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 19 May 1997

The Court has no authority to make an order to control how any future liquidator of a company should distribute the assets on insolvency. It is wrong to seek to fetter his acts and discretions in this way. Citations: Times 19-May-1997 Statutes: Insolvency Act 1986 18(3), 14(3) Jurisdiction: England and Wales Insolvency Updated: 08 April … Continue reading In Re Powershore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 19 May 1997

In Re Powerstore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 18 Jun 1997

A court has no jurisdiction to make an order which seeks to bind future decisions of future liquidator in favour of group of creditors. Judges: Mr Justice Lightman Citations: Gazette 18-Jun-1997, [1997] 1 WLR 1280 Statutes: Insolvency Act 1986 18(3) 14(3) Jurisdiction: England and Wales Cited by: Cited – In re Luna Metal Products Ltd … Continue reading In Re Powerstore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 18 Jun 1997

In re Cromptons Leisure Machines Ltd: ChD 13 Dec 2006

The section gave the court a jurisdiction to authorise payments to people would be preferred creditors in a winding up. Judges: Lewison J Citations: Times 27-Dec-2006 Statutes: Insolvency Act 1986 18(3) Jurisdiction: England and Wales Citing: Cited – Colchester Estates (Cardiff) v Carlton Industries plc ChD 30-Mar-1984 If a decision of a court has been … Continue reading In re Cromptons Leisure Machines Ltd: ChD 13 Dec 2006

Re Allied Wallet Ltd: ChD 24 Feb 2022

Citations: [2022] EWHC 402 (Ch) Links: Bailii Statutes: Insolvency Act 1986 168(3), Payment Services Regulations 2017 Jurisdiction: England and Wales Insolvency, Financial Services Updated: 02 April 2022; Ref: scu.672157

Chohan v Saggar: ChD 1992

Section 423(3) of the 1986 Act requires a plaintiff to show a dominant purpose to remove assets from the reach of actual or potential claimants or creditors, but not excluding the possibility that there might be other purposes behind the relevant . .