In re Islington Metal and Plating Works Ltd: ChD 1983

Section 30 of the 1914 Act provided that ‘demands in the nature of unliquidated damages … shall not be provable in bankruptcy’. Tort claims were therefore excluded as provable debts by the express wording of the Act.
Harman J
[1984] 1 WLR 14, [1983] 3 All ER 218, [1983] BCLC 215, [1983] Com LR 176
Companies Act 194, Bankruptcy Act 1914 30
England and Wales
DisapprovedIn Re Berkeley Securities (Property) Ltd ChD 1980
Vinelott J considered the position where tort damages became liquidated by judgment or agreement during the winding-up. He held that in those circumstances the bankruptcy rules imported by section 317 required modification to fit into the scheme of . .

Cited by:
CitedLB 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 . .

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Updated: 19 February 2021; Ref: scu.641424