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: 1997 To: 1997

This page lists 82 cases, and was prepared on 08 August 2015.

 
Re a Debtor [1997] Ch 310
1997
ChD
Baker J
Insolvency, Limitation
The creditor appealed the decision to set aside a statutory demand as statute barred. Held: The appeal was dismissed. Bankruptcy proceedings based on a statutory demand for moneys due under a previous default judgment constituted "an action upon a judgment" within s24(1). Insolvency proceedings constituted a fresh action or proceeding newly brought, of the kind described in Lamb, rather than a proceeding under the judgment previously obtained. Bankruptcy proceedings were not, the judge held, a method of, nor were they akin to, enforcing or executing a judgment outside s24(1). As more than 6 years had elapsed since the default judgment became enforceable, bankruptcy proceedings based on it in the statutory demand would be statute barred by s24(1). It was held that the statutory demand had been rightly set aside by the district judge.
Limitation Act 1980 24(1)
1 Citers



 
 Fleming -v- Secretary of State for Trade and Industry; IHCS 1997 - [1997] IRLR 682
 
TSB Bank plc -v- Platts (No 2 ) [1997] BPIR 302
1997

His Honour Judge Weeks Q.C
Insolvency

1 Cites

1 Citers



 
 re K G Hoare; ChD 1997 - 1997 BBIR 683
 
Re Stella Metals Limited and Others (In liquidation) [1997] BCC 626
1997

Knox J
Insolvency
Application was made for the replacement of a number of insolvency practitioners by the Insolvency Practitioners Association Ltd. Held: The association might as a recognised body, have locus standi to apply to the court, but it was not a matter for hard and fast rules. In this case it did not: "It would be most unfortunate in these cases where an insolvency practitioner becomes disqualified from acting either technically because he is no longer licensed or physically because he falls sick or conceivably because some business arrangement he enters into supersedes the arrangement he originally operated under or it may be other circumstances but in any of those conditions there should not be available which can do broaddly what it may well be the creditors could, at considerable expense to them, achieve in penny paskets.
For those reasons it does not seem proper for the Court, on this occasion, notwithstanding the fact that Mr Alpress, of course, is no longer a member of the IPA and notwithstanding the fact that in respect of some of the appointments he was jointly appointed with Mr Seabridge who is not regulated by the IPA, but has also ceased to be a licensed insolvency practitioner, to make the appointment at the motion of the IPA."
1 Citers


 
In re Saunders (A Bankrupt) [1997] Ch 60
1997
ChD
Lindsay J
Litigation Practice, Insolvency
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical context, capable of bearing more than one meaning and the court should give effect to the meaning which best gave effect to the statutory purpose rather than frustrating it.
1 Cites

1 Citers



 
 In re Bank of Credit and Commerce International SA (No 8); HL 1997 - [1998] AC 214; [1997] 4 All ER 568
 
Re: BCCI (No.10) [1997] Ch 213
1997
ChD
Sir Richard Scott V-C
Insolvency
The liquidators of BCCI in different jurisdictions had created a pooling agreement in the liquidation of the place of the company's incorporation, namely Luxembourg to which all assets were to be remitted and in which all creditors were to share pari passu. Two problems arose. English law allowed set-off so that to the extent of the set-off a creditor was in effect secured but the law of Luxembourg did not. Also some creditors were entitled to prove in England but not in Luxembourg. The English liquidators applied to the court in England for directions. Held: The court in England had no inherent power to disapply at its discretion substantive parts of the statutory scheme: "The accumulation of judicial endorsements of the concept of ancillary liquidations have, in my judgment, produced a situation in which it has become established that in an "ancillary" liquidation the courts do have power to direct liquidators to transmit funds to the principal liquidators in order to enable a pari passu distribution to worldwide creditors to be achieved. The House of Lords could declare such a direction to be ultra vires. But a first instance judge could not do so and I doubt whether the Court of Appeal could do so.
But the judicial authority which has established the power of the court to give, in general terms, the direction to which I have referred has certainly not established the power of the court to disapply rule 4.90 or any other substantive rule forming part of the statutory scheme under the Act and Rules of 1986. Nor, in my opinion, has this line of judicial authority established the power of the court to relieve English liquidators in an ancillary winding up of the obligation to determine whether proofs of debt submitted to them should be admitted or to see to it, so far as they are able to do so, that creditors whose claims they do admit receive the pari passu dividend to which, under the statutory insolvency scheme, they are entitled."
1 Citers



 
 Mitchell -v- Carter; ChD 1997 - [1997] 1 BCLC 673

 
 Re Bank of Credit and Commerce International SA (No 10); ChD 1997 - [1997] Ch 213
 
Budge -v- AH Budge (Contractors) Ltd [1997] BPIR 366
1997
CA
Peter Gibson, Balcombe, Hutchison LJJ
insolvency
When being asked to set aside a statutory demand, and exercising the statutory discretion, the real question is whether the applicant can show "a substantial reason comparable to the sort of reason one sees in paras (a), (b) and (c) of r 6.5(4), why the demand ought to be set aside."
Peter Gibson LJ said: "The language of para (d) does not on its face lend any support for the construction of limiting the application of that paragraph to instances referred to by Jacob J. [the statutory demand being defective to the point of being unfair to the debtor or evidence that the debt would paid immediately]. Indeed, it is quite impossible, I would have thought, to foresee all the circumstances which may arise and which may justify the proper application of that sub-paragraph. But, consistently with the views expressed by Nicholls LJ, it is appropriate when considering whether to set aside a statutory demand under that paragraph to consider the consequence if one does set it aside . . there is no point in setting aside a statutory demand and requiring a creditor to litigate his claim that he is owed money by the debtor if it cannot be foreseen that there will be any ground on which the creditor will be denied his claim were the matter to be litigated. That would only be to increase costs to no purpose whatsoever . .
The real question, as it seems to me, in this case is whether Mr Budge can show a substantial reason comparable to the sort of reason one sees in paras (a) (b) and (c) of r 6.5(4), why the demand ought to be set aside . .
All that the court is concerned with is whether the creditor is able to pursue bankruptcy proceedings founded on the statutory demand. The creditor must establish a debt. It is for the debtor to establish why he cannot do so, at any rate by the route of a statutory demand. Miss Heilbron points out that it is a short-cut route to establishing an inability to pay a debt. The longer route would be to go for judgment in court proceedings, but that raises, fairly and squarely, whether there would be any defence to a claim raised by Contractors which would have any prospect whatever of succeeding were the matter to be litigated."
Insolvency Rules 1986 6.5(4)(d)
1 Cites

1 Citers


 
In re Edennote Ltd (No 2) [1997] 2 BCLC 89
1997
ChD
Ligtman J
Insolvency
Sanction was sought against a liquidator. Lightman J said: "The question is the commercial best interests of the company, reflected prima facie, by the commercial judgment of the liquidator, a judgment in my view which, in the circumstances and in the light of the evidence in this case, ought to be given full weight."
1 Cites

1 Citers


 
John Abbott & others No 00137 of 1997 [1997] BCC 666
1997
ChD
Carnwath J
Insolvency
Having exercised its power under s41 to remove liquidators and supervisors, the court had power itself to appoint replacement officers. The existing practitioner had ceased to hold the appropriate authorisation.
County Courts Act 1984 41
1 Citers


 
Kempe and Another -v- Ambassador Insurance Company (In Liquidation) (Bermuda) Times, 03 January 1997
3 Jan 1997
PC

Insolvency, Commonwealth
A scheme of arrangement though approved by the court was not itself a court order and could not be extended by the court.
1 Citers



 
 The Commissioners for Customs And Excise -v- Katz; CA 10-Jan-1997 - [1997] EWCA Civ 763
 
TK Air Travel Limited (In Liquidation) -v- Kiazim and Kiazim [1997] EWCA Civ 768
13 Jan 1997
CA
Morritt LJ, Sir Ralph Gibson
Company, Insolvency
Whether bank accounts operated by directors contained the company's assets.
[ Bailii ]
 
Merisel (Uk) Ltd -v- John Venable [1997] EWCA Civ 845
24 Jan 1997
CA

Insolvency

[ Bailii ]
 
Hughes and others -v- Hannover Re Ruckversicherungs-Aktiengesellschaft Times, 06 March 1997; [1997] EWCA Civ 857; [1997] 1 BCLC 497
28 Jan 1997
CA
Morritt LJ, Roch LJ, Thorpe LJ
Insolvency
An insolvency court answering an international call for assistance has the full range of remedies available to it. It may exercise "its own general jurisdiction and powers" as well as the insolvency laws of England and the corresponding laws of the requesting state. The court identified three categories of assistance an English court might make available to a foreign court requesting assistance in insolvency proceedings: a) its own general and inherent powers; b) English insolvency law, and c) so much of the relevant foreign law as was applicable in b). It remained the decision of the English court as to whether relief was to be granted.
Insolvency Act 1986 426
1 Cites

1 Citers

[ Bailii ]
 
Sharp and Others -v- Woolwich Building Society Times, 26 March 1997; [1997] UKHL 8
6 Feb 1997
HL

Insolvency
Property which was held in trust was excluded from the receiver's claim made under a floating security. (Scotland)
Insolvency Act 1986 53(7)
[ House of Lords ] - [ Bailii ]
 
In Re Bank of Credit and Commerce International Sa (In Liquidation) (No 11) Times, 10 February 1997
10 Feb 1997
ChD

Human Rights, Insolvency
The presumption of innocence does not protect a suspect by providing a right of silence in a complex fraud investigation.
Insolvency Act 1986 236

 
Finian Paul Louis Manson and Roger Smith (Liquidator of Thomas Christy Limited) [1997] EWCA Civ 1009
13 Feb 1997
CA

Company, Insolvency

[ Bailii ]
 
Mitchell & Another -v- Carter and Another [1997] EWCA Civ 1067; [1997] 1 BCLC 673
21 Feb 1997
CA

Insolvency, Company

1 Cites

1 Citers

[ Bailii ]
 
In Re Debtors (Nos 400 and 401 of 1996) Times, 27 February 1997
27 Feb 1997
ChD

Insolvency
A creditor who had not been served with notice of the creditors' meeting may still validly vote at it.
Insolvency Act 1986 257

 
Maple Mechanical Services Limited (In Creditors Voluntary Liquidation) -v- Brian John Maddox; Christine Heather Maddox; Prudential Nominees Limited and Mustafa Abdulali [1997] EWCA Civ 1131
28 Feb 1997
CA

Insolvency

[ Bailii ]
 
In the Matter of A Licence Holder Times, 03 March 1997
3 Mar 1997
ChD

Insolvency
The High Court may always choose to appoint a new supervisor of a voluntary arrangement.
Insolvency Act 1986 108(1)

 
Official Receiver -v- William Wilson [1997] EWCA Civ 1193
7 Mar 1997
CA

Insolvency

[ Bailii ]

 
 In Re Actual Services Ltd and Others; ChD 12-Mar-1997 - Gazette, 12 March 1997
 
Bydand Ltd (In Liquidation) [1997] BCC 915
13 Mar 1997
ChD
Lindsay J
Insolvency, Rating
The applicant sought to have rescinded a winding up order made on 22 January 1997 in respect of a company called Bydand Ltd in respect of liability orders made for arrears of council tax. Held. The claim failed. Liability orders are orders of the court like ordinary civil judgments. If a winding up petition is based on such orders the court will seldom look into them, or go behind them, in the absence of fraud, or in the absence of jurisdiction in the court that made the orders, or "some other truly compelling circumstance."
1 Citers



 
 Mulvey -v- Secretary of State for Social Security; HL 20-Mar-1997 - [1997] UKHL 10; 1997 SC (HL) 105
 
In Re A Debtor (No 47 of 1996) Times, 20 March 1997
20 Mar 1997
ChD

Insolvency
A creditor who voted for a voluntary arrangement was bound also as to any element of unascertained debt included in the arrangement.

 
Mcmahon'S Trustee -v- McMahon Times, 26 March 1997
26 Mar 1997
IHCS

Insolvency
A part owner paying the mortgage after sequestration of the husband's interest was given credit for the payments.

 
In Re Amadeus Trading Ltd Times, 01 April 1997
1 Apr 1997
ChD

Insolvency
A winding up petition was inappropriate where there were a complicated series of disputes.
Bills of Exchange Act 1882

 
AIB Finance Ltd -v- Debtors Times, 10 April 1997; [1997] 2 BCLC 354
10 Apr 1997
ChD
Carnwath J
Insolvency, Banking
A Statutory Demand is only finally decided after the failure of a set aside application.
Rules of the Supreme Court O59R10(2)
1 Citers


 
In Re Melinek (A Bankrupt); Bristol & West Building Society -v- Alexander (The Trustee Of The Property of Back) (A Bankrupt); Melinek (A Bankrupt) Times, 10 April 1997; (1998) 1 BCLC 485
10 Apr 1997
ChD
David Young QC
Insolvency
The applicants sought leave to proceed in actions against the defendants against whom bankruptcy proceedings were pending. Consnet should have been obtained before proceedings were issued, but application was now made nunc pro tunc. Held: The court has a free hand in these situations to do what was right and fair. Leave was granted.
Insolvency Act 1986 285(3)
1 Cites

1 Citers


 
Kenneth William Amos, Anita Marie Amos -v- The Trustee Of The Property Of Kenneth William Amos CA Civ 1410
16 Apr 1997
CA

Insolvency
The Applicant sought leave to appeal against an order made in his long running bankruptcy. He alleged that several of the debts included were wrongly included, and were the debts of his son, who used the same name. Orders in the bankruptcy included orders with regard to the sale of the family home. It was right, in these circumstances to suspend the orders to allow the applicant to make a procedurally correct application.
[ Bailii ]
 
Ross (a Bankrupt) Trustee In Bankruptcy and Ross -v- Jeffs; Laserarch Properties Limited; Acehart Limited and Ansell [1997] EWCA Civ 1438
17 Apr 1997
CA

Insolvency

[ Bailii ]
 
Regina -v- Highbury Corner Magistrates' Court ex parte Samuel Antonelli [1997] EWHC Admin 426
30 Apr 1997
Admn

Crime, Insolvency, Company

[ Bailii ]
 
In the Matter of Pectel Limited; Mark Anthony O'Neill; Linda Ann O'Neill -v- Michael Phillips; LiSA Phillips and Pectel Limited [1997] EWCA Civ 1591
1 May 1997
CA

Company, Insolvency
The petitioners sought either the purchase of their shares, or the winding up of the company alleging unfair prejudice in the management of the company. The defendants argued that what was complained of did not fall within section 459 since it was not complained of in their capacity as shareholders. Held: Though the petitioner was not entitled to insist on participating, the majority shareholders were to be obliged to purchase his minority interest with no discount for it being a minority.
Insolvency Act 1986 - Companies Act 1985
1 Cites

1 Citers

[ Bailii ]

 
 Park Air Services Plc; Christopher Moran Holdings Limited -v- Bairstow and Ruddock; CA 1-May-1997 - [1997] EWCA Civ 1590
 
McDougalls Catering Foods Limited -v- BSE Trading Limited [1997] EWCA Civ 1616; [1998] 2 EGLR 65
2 May 1997
CA
Aldous LJ
Landlord and Tenant, Insolvency
The appellant had guaranteed the tenant's obligations under an underlease. The tenant having become insolvent, the landlord sought to enforce the guarantee. The appellant said that the landlord had accepted a surrender of the underlease. The landlord had taken possession proceedings after the tenant had left and squatters had moved onto the land. The landlord also sought the cost of the possession proceedings. Held. Where possession is unequivocally offered and retaken, it will, without more, be inequitable for the landlord to deny that the tenancy has ended, because he cannot at one and the same time have both possession and continuing rent under the tenancy. Aldous LJ said that the court's task is to ascertain from all the facts whether the landlord's conduct: 'did in fact amount to an unequivocal acceptance of cessor of the tenancy such that it would be inequitable for the landlord to dispute that the tenancy ceased'.
1 Citers

[ Bailii ]
 
In Re Mid East Trading Ltd Times, 06 May 1997; Gazette, 21 January 1998
6 May 1997
ChD

Insolvency
A stranger to an insolvency petition has no locus standi to apply later to rescind the winding up order.
Insolvency Rules 1986/1925 r 7.47 - Insolvency Rules 1986/1925 r 7.47

 
Bank of Credit and Commerce Hong Kong Limited -v- Chairod Mahadumrongkul and others [1997] UKPC 20
8 May 1997
PC
Lord Goff of Chieveley Lord Slynn of Hadley Lord Lloyd of Berwick Lord Nicholls of Birkenhead Lord Hoffmann
Banking, Insolvency
(Hong Kong) The Board looked at the effect of the insolvency of Bank of Credit and Commerce Hong Kong Limited on an arrangement by which the bank lent money to four companies upon the terms of a standard facility letter addressed by the bank to the companies on the security of deposits made with the bank by the companies' principal shareholders.
[ Bailii ]
 
John Malone -v- Malcolm Tansell (T/a Sealex) [1997] EWCA Civ 1661
9 May 1997
CA

Insolvency

[ Bailii ]
 
In Re Park Air Services Plc Times, 14 May 1997; Gazette, 14 May 1997
14 May 1997
CA

Landlord and Tenant, Insolvency
A landlord was allowed to recover lost rent after a disclaimer but he must allow for accelerated possession; he may prove the debt in bankruptcy.

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

Insolvency
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.
Insolvency Act 1986 18(3), 14(3)

 
Alan Jacob Katz; David Charles Lovett; John Andrew Talbot -v- Gordon Louis McNally; Sylvia Ann-Marie McNally and Ross Gordon McNally [1997] EWCA Civ 1751
22 May 1997
CA

Insolvency

Insolvency Act 1986 239
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Mungroo Gazette, 25 June 1997; Times, 03 July 1997; [1997] EWCA Crim 1293
22 May 1997
CACD

Criminal Sentencing, Insolvency, Crime
A bankrupt fraudulently hiding assets from receiver can expect imprisonment even on a first offence. Two years upheld
Insolvency Act 1976 357(3)
[ Bailii ]
 
Craiglaw Developments Ltd -v- Gordon Wilson & Co Times, 11 September 1997; 1998 SLT 1046
29 May 1997
IHCS
Lord Fraser, Lord Cameron of Lochbroom, Lord Murray
Insolvency, Scotland
The debtor had divested himself of funds pending the outcome of litigation by placing them on deposit in joint names. Held: The interim liquidator's appeal failed. Once the payment was made, the debtor was divested of the funds; he had nothing more to do to divest himself of the money. The provisions allowing a challenge to what appeared to be a preference applied to events within the period of six months prior to the winding up. The payment having been made before that period commenced it was effective.
Insolvency Act 1984 243(2)

 
Razzaq -v- Pala Times, 06 June 1997; Gazette, 18 June 1997; [1997] 1 WLR 1336
6 Jun 1997
QBD
Lightman J
Insolvency, Landlord and Tenant
The forfeiture of a bankrupt's lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a "security" nor a "remedy" within the meaning of those provisions, nor does it constitute "other proceedings" or the execution of "other legal process". The present law is therefore anomalous.
Insolvency Act 1986 10 11(3) 130(4) 252(2) 285(3)

 
Harris Kafton -v- Alan Houston and D Houston [1997] EWCA Civ 1863
13 Jun 1997
CA

Insolvency, Company

[ Bailii ]
 
In Re Powerstore (Trading) Ltd; In Re Homepower Stores Ltd Gazette, 18 June 1997; [1997] 1 WLR 1280
18 Jun 1997
ChD
Mr Justice Lightman
Insolvency
A court has no jurisdiction to make an order which seeks to bind future decisions of future liquidator in favour of group of creditors.
Insolvency Act 1986 18(3) 14(3)
1 Citers


 
Re Harvard Securities [1997] EWHC Comm 371; [1998] BCC 567; [1997] 2 BCLC 369
20 Jun 1997
ComC
Neuberger J
Insolvency, Company

Insolvency Act 1986 112
[ Bailii ]

 
 In Re Williams (A Bankrupt); ChD 25-Jun-1997 - Gazette, 25 June 1997; Times, 16 July 1997
 
Maple Mechanical Services Limited (In Creditors Voluntary Liquidation) -v- Brian John Maddox; Christine Heather Maddox; Prudential Nominees Limited and Mustafa Abdulali [1997] EWCA Civ 1975
26 Jun 1997
CA

Insolvency

[ Bailii ]
 
Bydand Ltd (In Liquidation); Todd -v- Chiltern District Council and Official Receiver [1997] EWCA Civ 1984
27 Jun 1997
CA

Rating, Insolvency

Council Tax (Administration and Enforcement) Regulations 1992 49
1 Cites

1 Citers

[ Bailii ]
 
Pan Mercantile Limited; Dhirajlal Dahyalal Vyas and Indira Dhirajlal Vyas -v- Bank of Baroda [1997] EWCA Civ 2051
8 Jul 1997
CA

Insolvency

[ Bailii ]
 
Merrygold -v- Hurton Times, 11 July 1997
11 Jul 1997
ChD

Insolvency
Successive liquidators in company where insufficient assets to meet all costs had costs abated rateably.


 
 Mirror Group Newspapers Plc -v- Maxwell and Others (No 2); ChD 15-Jul-1997 - Times, 15 July 1997; [1998] 1 BCLC 638
 
Elvis Costello Limited -v- Bruce Thomas [1997] EWCA Civ 2112
16 Jul 1997
CA

Contract, Insolvency

[ Bailii ]
 
Ian Clark, Administrator of Cosslett (Contractors) Ltd (In Administration) -v- Mid Glamorgan County Council [1997] EWCA Civ 2229
29 Jul 1997
CA
Millett LJ
Banking, Insolvency

1 Cites

1 Citers

[ Bailii ]
 
Ariyu -v- Sovereign Leasing Plc and Another Times, 04 August 1997
4 Aug 1997
CA

Insolvency
Request to set aside statutory demand must be in proper form to found an application to set aside bankruptcy petition.

 
Structures and Computers Ltd -v- Ansys Inc Times, 03 October 1997
3 Oct 1997
ChD

Insolvency
An administration order can be made against the opposition of a majority of creditors, if the court were sure that there was a real prospect of the order achieving its purpose.
Insolvency Act 1986 8

 
Lewis and others -v- Barbara Eileen Hyde and others Times, 22 October 1997; [1997] UKPC 45
7 Oct 1997
PC

Insolvency
(New Zealand) A payment made with an intent to give fraudulent preference is not void if in fact no fraudulent preference is created.
[ Bailii ]

 
 Stein -v- Blake and others; CA 13-Oct-1997 - [1997] EWCA Civ 2474; [1998] 1 All ER 724; [1997] EWCA Civ 4002; [1998] 1 BCLC 573; [1998] BCC 316
 
Trustee of Property of Christopher Vickery (a Bankrupt) -v- Modern Security Systems Limited [1997] EWCA Civ 2493
15 Oct 1997
CA
Peter Gibson LJ, Ward LJ, Vinelott LJ
Insolvency, Costs

[ Bailii ]

 
 Soden and Another -v- British & Commonwealth Holdings Plc and others; HL 16-Oct-1997 - Gazette, 29 October 1997; Times, 22 October 1997; Gazette, 14 January 1998; [1997] UKHL 41; [1998] AC 298; [1997] 4 All ER 353; [1997] 3 WLR 840
 
In Re A & C Supplies Limited Unreported, 17 October 1997
17 Oct 1997
ChD
Blackburne J
Insolvency
Applications were made for the removal of a liquidator from several appointments in corporate nd individual insolvencies. He had been a partner in a firm and that had ceased in a way which left it impossible to work with his former partners to perform his duties. Held: The appointments were personal, and the only practical course was for his removal. The court has jurisdiction to make such an order under the 1986 Act. The more testing question was as to whether the court could make an alternative appointment. Though there was no such express power in the Act, the rules presupposed it.
Insolvency Act 1986 108(2) 172(2)
1 Cites


 
In Re Sutton (Removal of Liquidator) Times, 03 November 1997; Gazette, 12 November 1997
17 Oct 1997
ChD
Blackburne J
Insolvency
The insolvency practitioner held many appointments. His partnership in a large firm of accountants ended suddenly. He did not have the resources to handle the cases, and nor could acceptable arrangements be made for him to have access to the related files within the firm. An application was made by another partner in the firm for his removal. Held: Removal of a liquidator was for cause shown. That cause could include a supervening inabilityy to conduct the case. The power to apply for the removal of liquidator from his position was not limited to the liquidator and or creditors. Here it was appropriate for an application to be made by a partner in the liquidator's firm. That firm had day to day conduct of the insolvency. The order would avoid the need for a creditors' meeting with the accompanying substantial costs.
Insolvency Act 1986 108(2) 172(2)
1 Cites


 
Judd -v- Brown and Brown [1997] EWCA Civ 2533
20 Oct 1997
CA

Insolvency
Application for leave to appeal against refusal of possession orders sought by trustee in bankruptcy.
[ Bailii ]

 
 In Re the Challoner Club Ltd (In Liquidation); ChD 22-Oct-1997 - Gazette, 22 October 1997; Times, 22 October 1997

 
 Morris and others -v- Rayners Enterprises Incorporated and Another; HL 30-Oct-1997 - Gazette, 01 April 1998; Times, 13 November 1997; [1997] UKHL 44

 
 Regina -v- Vandervell; CACD 30-Oct-1997 - [1997] EWCA Crim 2716
 
In Re Challoner Club Ltd ((In Liquidation) Times, 04 November 1997
4 Nov 1997
ChD

Insolvency
A rescue fund was not set aside on sufficiently precise terms to create a trust as against a liquidator of the company.

 
Payne -v- Smart; Considine (Joint Administrative Receivers of Mid Valley Investments) and Barclays Bank Plc [1997] EWCA Civ 2699
12 Nov 1997
CA

Banking, Insolvency
Whether document was fixed of floating charge over company assets.
[ Bailii ]
 
Kempe Jr and others -v- Ambassador Insurance Company [1997] UKPC 55
19 Nov 1997
PC

Commonwealth, Insolvency
(Bermuda)
1 Cites

[ Bailii ]
 
In Re Buckingham International Plc Times, 20 November 1997
20 Nov 1997
ChD

Insolvency
There is no power in the court to make any arrangement which will result in the preference of one set of creditors over others of the same class.
Insolvency Act 1986 183(1)
1 Citers


 
Lombard Tricity Finance -v- Maples Stores Plc (In Administrative Receivership) Ra Powdrill Ap Peters [1997] EWCA Civ 2792
21 Nov 1997
CA

Contract, Insolvency

Consumer Credit Act 1968 75
[ Bailii ]
 
Gopee (a Bankrupt) -v- Sun Alliance and London Insurance Plc [1997] EWCA Civ 2817
25 Nov 1997
CA

Insurance, Insolvency

[ Bailii ]
 
Trustees of Estate of Hellyer (a Bankrupt) -v- Hellyer and others [1997] EWCA Civ 2826; [1996] 2 FLR 579
25 Nov 1997
CA

Family, Insolvency
The court does have power to order a bankrupt former spouse to pay a lump sum to the other in very exceptional circumstances.
[ Bailii ]

 
 In Re the Galileo Group Ltd; ChD 3-Dec-1997 - Gazette, 03 December 1997; Times, 10 December 1997
 
Tarek A Sherief -v- John Lewis Plc Official Receiver [1997] EWCA Civ 2932
8 Dec 1997
CA

Insolvency

[ Bailii ]
 
In Re Mid-East Trading Ltd Times, 20 December 1997
20 Dec 1997
CA

Insolvency
An Insolvency Court has the power to order a foreign non-party company to produce documents concerning foreign business despite the usual rule.
Insolvency Act 1986 236

 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.