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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Insolvency - From: 1991 To: 1991

This page lists 5 cases, and was prepared on 08 August 2015.

 
Re a company (No 003102 of 1991), ex parte Nyckeln Finance Co Ltd [1991] 1 BCLC 539
1991
ChD
Harman J
Company, Insolvency

1 Citers


 
Re Adams (AB) Builders Limited [1991] BCLC 359
1991


Insolvency
An insolvency practitioner who had lost his power to act applied to the court to be removed from his positions as liquidator in several creditors voluntary liquidations.
1 Citers


 
Re Citro, Lloyds Bank plc -v- Byrne and Byrne, Abbey National plc -v- Moss and others and Barclays Bank plc -v- Hendricks [1991] 1 FLR 71; [1991] Ch 142; (1991) 23 HLR 472
1991
CA
Bingham LJ, Nourse LJ
Land, Insolvency
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband of the beneficial interest in the matrimonial home. Bingham LJ: "Section 30 of the Law of Property Act 1925 confers two discretion’s. First, it confers a discretion on “any person interested” to “apply to the court .... for an order directing the trustees for sale to give effect thereto.” Secondly, it confers a discretion on the court to “make such order as it thinks fit”. The section contains no express limitation on the exercise of these discretions but neither is it altogether unfettered." The interests of a bankrupt spouse's creditors would, absent exceptional circumstances, usually prevail over those of the other spouse and children. Accordingly it reduced to six months the period of postponement of the order for sale of the property made by the judge below.
Nourse LJ: "One of the consequences of the 1925 Property Legislation is that the legal estate in any property which is beneficially owned jointly or in common is necessarily held on trust for sale and is thus subject to the jurisdiction of the court under s. 30. From its inception the section was one of wide application. But is seems that before Jones -v- Challenger [above] it had not been the means of making an order for the sale of a former matrimonial home ...." and as to what counted as exceptional circumstances: " What then are exceptional circumstances? As the cases show, it is not uncommon for a wife with young children to be faced with eviction in circumstances where the realization of her beneficial interest will not produce enough to buy a comparable house in the same neighbourhood or indeed elsewhere. And, if she has to move elsewhere, there may be problems over schooling and so forth. Such circumstances, while engendering a natural sympathy in all who hear of them, cannot be described as exceptional. They are the melancholy consequences of debt and improvidence with which every civilised society has been familiar."
Law of Property Act 1925 30
1 Citers


 
Knight -v- Lawrence [1991] BCC 411
1991


Insolvency
If a mortgaged property is let, the receiver is duty bound to inspect the lease and, if the lease contains an upwards only rent review, to trigger that rent review in due time.
1 Cites

1 Citers



 
 Vaughan and others -v- Barlow Clowes International Ltd and others; CA 17-Jul-1991 - [1991] EWCA Civ 11; [1992] 4 All ER 22
 
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