Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 1995 To: 1995

This page lists 44 cases, and was prepared on 08 August 2015.


 
 in Re Bradley-Hole (A Bankrupt); ChD 1995 - [1995] 1 WLR 1097

 
 Re Arrows Ltd No 4; HL 1995 - [1995] 2 AC 75
 
Re Bridgend Goldsmiths Limited & Others [1995] BCC 226; [1995] 2 BCLD 208
1995
ChD
Blackurne J
Insolvency
The High court may not exercise its jurisdiction under section 263 within a voluntary arrangement within the county court.
Insolvency Act 1986 263(5)
1 Citers


 
In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex parte Betts [1995] 2 BCLC 594
1995
ChD
Chadwick J
Insolvency
Separate applications were made by liquidators of companies in variously voluntary or compulsory liquidation and otherwise.
Insolvency Rules 4.108 6.126
1 Cites

1 Citers


 
RA Securities -v- Mercantile Credit [1995] 3 All ER 581
1995


Insolvency
The effect of an individual voluntary arrangement was not such as to release solvent co-debtors under the rule of law that the release of one of two or more joint debtors has the effect of releasing the other or others.
1 Citers


 
Re a Debtor (Nos 49 and 50 of 1992) [1995] Ch 66
1995

Sir Donald Nicholls V-C
Insolvency
The evidence disclosed a genuine triable issue as to whether there was a current liability to pay a sum equalling or exceeding £750 and so a statutory demand had rightly been set aside. The judge had found that the debtor had a substantial argument that he might owe less than £750. There the judge had found that the debtor had a substantial argument that he might owe less than £750. Sir Donald Nicholls V.-C. said of Rule 6.5(4)(b) (at p.70): "It cannot be that a dispute as to part only enables the debtor to have the whole demand set aside even if, for example, there is no dispute concerning his liability to pay some other specific amount."
1 Citers


 
In Re a Company (No 004081 of 1989) [1995] 2 All ER 155
1995

Lindsay J
Costs, Insolvency
Lindsay J considered the calculation of costs of solicitors: "if . . the proper guide is that of the average solicitor employed by the average firm in the area concerned, then the Central London Law Societies' survey, whilst not necessarily a perfect indication of that average, is, on the evidence in this case, the closest approach we have to that average."
1 Citers


 
Re Thulin (A Debtor) Gazette, 11 January 1995
11 Jan 1995
ChD

Insolvency
Bankruptcy order in UK was needed despite existence of similar order in Sweden.


 
 Cox -v- Bankside Members Agency Ltd and Others; QBD 27-Jan-1995 - Times, 27 January 1995; [1995] 2 Lloyd's Rep 437

 
 Levett and Others -v- Barclays Bank Plc; QBD 27-Jan-1995 - Times, 27 January 1995; [1995] 1 WLR 1260; [1995] 2 All ER 615
 
In Re A Debtor (No 10 of 1992) Times, 01 February 1995
1 Feb 1995
ChD

Insolvency
A creditor in walking possession is secured and cannot claim in bankruptcy.

 
In Re Applied Database Ltd Times, 17 February 1995
17 Feb 1995
ChD

Insolvency
A restraint of the advertisement of a winding up petition was to be used only exceptionally.
Insolvency Rules 1986 4.11(1)


 
 Sargent -v- Commissioners of Customs & Excise; CA 23-Feb-1995 - Times, 23 February 1995; Ind Summary, 01 May 1995
 
Re Applied Database Ltd Ind Summary, 27 February 1995
27 Feb 1995
ChD

Insolvency
Advertisement of petition not restrained despite damage to company.

 
In Re A Debtor (No 340 of 1992) Times, 06 March 1995; Gazette, 12 April 1995
6 Mar 1995
CA

Insolvency
Where a Sheriff not allowed access, it was wrong to mark a debt as 'unsatisfied' in order to found a petition for bankruptcy.


 
 Powdrill and Another -v- Watson and Another; HL 23-Mar-1995 - Independent, 23 March 1995; Gazette, 03 May 1995; Times, 23 March 1995; [1995] 2 AC 394
 
In Re Company No 00212 of 1995 Times, 07 April 1995
7 Apr 1995
ChD

Insolvency
Genuine disputes of debt meant that a petition for winding up was not properly founded.

 
Pentagin Technologies International Ltd -v- Express Company Secretaries Ltd Times, 07 April 1995
7 Apr 1995
CA

Insolvency
Whether a debt founding a winding up petition was disputed is a matter of fact for the Judge.

 
In Re Butlers Dwarf Limited Times, 17 April 1995
17 Apr 1995
ChD

Insolvency
A surety having paid his part is entitled to share rateably in the security for the rest.

 
Preston Borough Council -v- Riley and Another Times, 19 April 1995
19 Apr 1995
CA

Insolvency
'Debt' for purposes of administration order includes unpaid community charge.
County Court Act 1984 Part IV

 
Eberhardt & Co Ltd -v- Mair Times, 09 May 1995
9 May 1995
ChD

Insolvency
Failed application to set aside a statutory demand creates no issue estoppel on full hearing.


 
 Stein -v- Blake; HL 18-May-1995 - Independent, 19 May 1995; Times, 19 May 1995; [1996] 1 AC 243; [1995] UKHL 11; [1995] 2 All ER 961; [1995] 2 WLR 710; [1995] 2 BCLC 94
 
Re Dennis (A Bankrupt) Ind Summary, 22 May 1995; [1995] 3 All ER 171; [1995] 3 WLR 367
22 May 1995
CA

Insolvency
A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor's property in the trustee which occurred on adjudication was automatic; the trustee had no choice in the matter. "the debtor's interest in the property was divested on the commission of the act of bankruptcy, in which event the joint tenancy was severed." "It was a peculiarity of the former law of bankruptcy that the effect of an act of bankruptcy on a joint tenancy depended on whether it was followed by adjudication or not. But it did not depend on whether it was the solvent or the insolvent joint tenant who died before adjudication."
Bankruptcy Act 1914 37
1 Cites

1 Citers


 
Alliance & Leicester Building Society and Others -v- Edgestop Ltd and Others (No 2) Times, 24 May 1995
23 May 1995
CA

Insolvency, Legal Professions
A receiver's remuneration may be set by the court on either the standard or indemnity basis.

 
Preston Borough Council -v- Riley and Another Ind Summary, 30 May 1995
30 May 1995
CA

Insolvency
Unpaid community charge constituted a debt for administration order purposes..
County Courts Act 1984 112(1)(b) 114

 
Re Farmizer (Products) Ltd Ind Summary, 19 June 1995; [1997] 1 BCLC 589
19 Jun 1995
ChD

Limitation, Insolvency
The limitation period for an action for wrongful trading under insolvency legislation is six years. Where the statute relied upon enables the court to give relief in monetary or non-monetary form the court should look to see what is actually claimed
Insolvency Act 1986 214 - Limitation Act 1980 9(1)
1 Citers


 
Ward -v- Aitken and Others; In re Oasis Merchandising Services Ltd Times, 19 June 1995
19 Jun 1995
ChD

Insolvency
An agreement to share the proceeds of litigation against Directors was champertous.
Insolvency Act 1986 S4P6
1 Cites

1 Citers


 
Re A Debtor (No 87 of 1993) Times, 19 July 1995; Ind Summary, 10 July 1995
10 Jul 1995
ChD

Insolvency
Affidavits including hearsay were inadmissible on a challenge to voluntary arrangement. The proceedings were for a final order.
Insolvency Act 1986 262(1)(b)

 
In Re A Debtor No 13A-Io of 1994: In Re A Debtor No 14A-Io of 1994 Gazette, 13 July 1995
13 Jul 1995
ChD

Insolvency
An interim s252 order was not sufficient to justify a stay of a peaceable forfeiture; such a proceeding was not 'other proceedings' within the Act.
Insolvency Act 1986 252(2)(b)


 
 In Re A Company (No 003932 of 1995); ChD 25-Jul-1995 - Times, 25 July 1995
 
In Re A Debtor (No 87 of 1993) (No 2) Times, 07 August 1995; Ind Summary, 21 August 1995; Ind Summary, 11 September 1995
7 Aug 1995
ChD

Insolvency
The giving false or misleading information to creditors at the meeting is "a Material Irregularity" sufficient to have the result of the meeting set aside.
Insolvency Act 1986 262(4) 257

 
Rowe -v- Glenister and Others Times, 07 August 1995; Ind Summary, 11 September 1995
7 Aug 1995
CA

Litigation Practice, Insolvency
Mrs. Rowe sued Mr. Glenister for breach of trust. The judge struck out the action for the want of prosecution. Held: A witness's memory loss is not itself a sufficient reason to strike out an action for want of prosecution. A defendant seeking a striking out for delay must also show some post-writ prejudice caused by the delay.
1 Citers



 
 Schooler -v- Commissioners of Customs & Excise; CA 9-Aug-1995 - Times, 09 August 1995
 
Practice Direction No 1 of 1995 (Insolvency Appeals Individuals) Times, 14 August 1995
14 Aug 1995
ChD

Insolvency
Detailed procedures to be followed on appeals in cases of personal insolvency.

 
Practice Directions: Insolvency Appeals (Individuals) Gazette, 15 September 1995
15 Sep 1995
ChD

Insolvency
With effect from 1 October 1995. New rules for setting down appeals and application of RSC.

 
Practice Directions: Insolvency Appeals (Individuals) Ind Summary, 25 September 1995
25 Sep 1995
ChD

Insolvency
Practice Directions set down for Insolvency appeals.

 
Re Cancol Ltd Ind Summary, 23 October 1995
23 Oct 1995
ChD

Insolvency
Future rents under an existing lease may be included in voluntary arrangement.


 
 Francovich -v- Italy; ECJ 9-Nov-1995 - C-479/93; [1995] IRLR 355; [1995] EUECJ C-479/93; [1995] ICR 722
 
Re a Debtor (No 2021 of 1995), ex parte Inland Revenue Commissioners -v- The Debtor: Re a Debtor (No 2022 of 1995), ex parte Inland Revenue Commissioners -v- The Debtor [1996] All ER 2 345
20 Nov 1995
ChD
Laddie J
Insolvency
The creditor filed a notice of proxy by telephone. The Chairman of the creditor's meeting refused to accept it. The creditor applied to the court. Held: The rules required a signed proxy, but a faxed signature was acceptable. Forms of signature other than those done under hand had been accepted previously. The transmission of a letter by fax did not create any confusion by way of duplication. The chairman should have accepted the proxy by fax. A faxed signature fulfilled the statutory requirement, being a distinctive or personal marking placed there by authority of the creditor.
[ lip ]
 
Fitch -v- Official Receiver Gazette, 24 January 1996; Times, 21 November 1995; [1996] 1 WLR 242
21 Nov 1995
CA

Insolvency
A petitioner's change of mind and support can found a review or rescission of a bankruptcy order as a change of circumstances.
Insolvency Act 1986 375(1)

 
In Re A Bankrupt No 145/95 Times, 08 December 1995
8 Dec 1995
ChD

Insolvency
An expectation of a criminal injuries award is not property for bankruptcy proceedings.
Insolvency Act 1986 306-1

 
Doorbar -v- Alltime Securities Ltd Ind Summary, 18 December 1995; Gazette, 17 January 1996; Times, 07 December 1995
18 Dec 1995
CA

Insolvency, Insolvency, Landlord and Tenant
Landlord bound by voluntary arrangement on future rent despite disagreement. A meeting chairman has power to impose 'agreed' value on claim to allow vote to creditor.
Insolvency Rules 1986 5 17(3)

 
Doorbar -v- Alltime Securities Ltd Ind Summary, 18 December 1995; Gazette, 17 January 1996; Times, 07 December 1995
18 Dec 1995
CA

Insolvency, Insolvency, Landlord and Tenant
Landlord bound by voluntary arrangement on future rent despite disagreement. A meeting chairman has power to impose 'agreed' value on claim to allow vote to creditor.
Insolvency Rules 1986 5 17(3)


 
 Morris -v- Murjani; CA 27-Dec-1995 - Times, 27 December 1995; Ind Summary, 29 January 1996
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.