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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: 1998 To: 1998

This page lists 46 cases, and was prepared on 08 August 2015.


 
 A & J Fabrications (Batley) Ltd -v- Grant Thornton and Others; ChD 1998 - Times, 05 August 1999; Gazette, 11 August 1999; [1998] 2 BCLC 227
 
Demite Ltd -v- Protec Health Ltd [1998] BCC 639
1998
ChD
Park J
Insolvency, Company
A sale by a receiver potentially fell within the scope of section 320. The receivers were the agents of the company and their act was the company's act. The section expressly excluded from its scoe an arrangement made in the course of a winding up (other than a members' voluntary winding up). In the light of this express exclusion there was no scope for an implied exclusion applicable to a sale by a receiver. A debenture holder could exercise his own power of sale, in which case the sale would be made by him in his own right, and not through the medium of a receiver.
Companies Act 1985 320
1 Citers



 
 Claughton -v- Charalambous; 1998 - [1998] BPIR 558
 
Bydand Limited -v- Mark Feldman and Co (a Firm) Buckinghamshire County Council [1998] EWCA Civ 74
27 Jan 1998
CA

Rating, Insolvency

1 Cites

[ Bailii ]
 
John Douglas Arthur Platts -v- Trustees Savings Bank Plc Times, 04 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 241
13 Feb 1998
CA
Lord Justice Peter Gibson, Lord Justice Otton, Sir John Balcombe
Litigation Practice, Insolvency
A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank's claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory demand owed to the Bank for a sum greatly in excess of the statutory minimum which was not disputed on substantial grounds, being the petition debt less the net value of the cross claim put at its highest after equitable set-off of the Bank's debt not the subject of the statutory demand. That sum was payable at the date of the petition and had not been paid or secured or compounded for, and the Judge was entitled to make a bankruptcy order on it.
Insolvency Act l986 264(l)(a) 267(2)
1 Cites

1 Citers

[ Bailii ]
 
In re Buckingham International Plc and In the Matter of Insolvency Act 1986; Mitchell -v- Buckingham International Plc [1998] EWCA Civ 247
16 Feb 1998
CA

Insolvency

Insolvency Act 1986
1 Cites

[ Bailii ]
 
In Re Lee (A Bankrupt) Times, 24 February 1998; Gazette, 08 April 1998
24 Feb 1998
ChD

Landlord and Tenant, Insolvency
An order vesting a lease disclaimed by the trustee in bankruptcy, in a mortgagee, may provide that any profit which is made on a re-sale of the lease was to be paid on to the receiver for the benefit of creditors.
Insolvency Act 1986 320
1 Cites

1 Citers


 
Trident International Limited -v- Christopher John Barlow [1998] 2 BCLC 164
27 Feb 1998
ChD
Eben Hamilton QC
Company, Insolvency

Insolvency Act 1986 11(3)(c)
1 Citers


 
Kemble and Another -v- Kicks and Others; In Re the Trusts of the Scientific Investment Pension Plan Times, 05 March 1998; [1998] PLR 141; [1999] Ch 53
5 Mar 1998
ChD
Rattee J
Financial Services, Insolvency
Provision in pension scheme withdrawing benefits to bankrupt beneficiary defeated trustees claim only if determinable or defeasible interest.
1 Citers


 
AIB Finance Ltd -v- Debtors (Alsop and Another) Times, 11 March 1998; Gazette, 08 April 1998
11 Mar 1998
CA

Banking, Insolvency
The duty of care of a lender to get the best price for repossessed properties, was not broken when the business closed before repossession, and the property was not sold as a going concern.
1 Cites


 
Johnson and Another -v- Davies and Another Times, 31 March 1998; Gazette, 13 May 1998; [1998] EWCA Civ 483
18 Mar 1998
CA

Insolvency, Damages
There is no rule of law that one joint debtor (not joint and several) may not be released from debt by the individual voluntary arrangement of another.
1 Cites

[ Bailii ]
 
Katz and others -v- McNally and others [1998] EWCA Civ 528
24 Mar 1998
CA

Insolvency

[ Bailii ]
 
Gedaljahu Ebert -v- Trustee of Property of above Named Bankrupt and Ralph Wolff [1998] EWCA Civ 532
25 Mar 1998
CA

Insolvency
The claimant sought leave to appeal against refusal of an order annulling or rescinding his bankruptcy.
[ Bailii ]

 
 Jacobs -v- Official Receiver; In re Jacobs (a bankrupt); ChD 3-Apr-1998 - Times, 16 June 1998; [1999] 1 WLR 619

 
 Formosa Plastics Corporation USA -v- Chauhan and others; CA 6-Apr-1998 - [1998] EWCA Civ 641
 
Cromwell Developments Ltd -v- William Hamilton Stewart Godfrey and others and Cromwell Developments Ltd -v- Wright and others [1998] EWCA Civ 663
8 Apr 1998
CA
Brown, Otton LJJ, Sir Christopher Staunton
Landlord and Tenant, Insolvency

[ Bailii ]
 
Malcolm Kirkman -v- Skipton Building Society [1998] EWCA Civ 713
24 Apr 1998
CA

Insolvency
Statutory demand.
[ Bailii ]
 
In Re Ryatt Times, 04 May 1998; Gazette, 20 May 1998
4 May 1998
ChD

Insolvency
Private school fees might well be a reasonably necessary expenditure for bankrupt to be allowed when assessing what income needs he has before ordering income payment. No general rule.
Insolvency Act 1986 310


 
 Polly Peck International Plc -v- The Marangos Hotel Company Ltd & Others; CA 7-May-1998 - Times, 18 May 1998; [1998] EWCA Civ 789; [1998] 3 All ER 812; [1998] 2 BCLC 185
 
Paul Craig -v- Humberclyde Industrial Finance Ltd and others [1998] EWCA Civ 851
19 May 1998
CA

Insolvency

1 Citers

[ Bailii ]
 
Malcolm Harris and Peter Anderson -v- Hana Dagmar Habanec [1998] EWCA Civ 970
11 Jun 1998
CA

Insolvency, land

[ Bailii ]
 
Craig -v- Humberclyde Industrial Finance Group Ltd and others [1998] EWCA Civ 1025
18 Jun 1998
CA

Insolvency, Litigation Practice

1 Cites

[ Bailii ]
 
Craig -v- Humberclyde Industrial Finance Limited; Humberclyde Finance Group Limited; Humberclyde Commercial Investments (No 1) Limited; HIH Management Limited and Hicks and Spence Co- [1998] EWCA Civ 1032
18 Jun 1998
CA

Insolvency

1 Cites

1 Citers

[ Bailii ]
 
In Re A Debtor (No 620 of 1997) Times, 18 June 1998
18 Jun 1998
ChD

Insolvency
Party serving a statutory demand before obtaining judgment must face the risk of a costs order if the judgment is not obtained. Separate proceedings are dissimilar to application in course of case.

 
In Re A Debtor (No 510 of 1997) Times, 18 June 1998
18 Jun 1998
ChD

Insolvency
The normal rule that costs are to follow payment of the debt after the issue of an insolvency petition was exceptionally displaced when mistakes in the petition meant that the defendant had had to incur unnecessary costs.
Insolvency Rules 1986 (1986 No 1925) 6.8

 
Re Mineral Resources Limited; Environment Agency -v- Stout (Chd; Apr 1998) Gazette, 24 June 1998
24 Jun 1998
ChD

Environment, Insolvency
A waste management licence was property, but public policy required that such licences should not be disclaimable by liquidators. There is a need to preserve responsibilities of those taking such licences.
Environmental Protection Act 1990 - Insolvency Act 1986 178

 
In Re A Debtor (No 90 of 1997) Times, 01 July 1998
1 Jul 1998
ChD

Insolvency
Ordinarily the court would avoid two actions on similar facts where inconsistent decisions might be reached, but where issues on setting aside a statutory demand were genuinely separate, the separate actions could continue.
Insolvency Rules 1986 (1986 No 1925) 6.5.4(d)

 
Inglis -v- Roberston & Baxter [1898] UKHL 2; (1898) 25 R (HL) 70
11 Jul 1998
HL

Scotland, Insolvency
HL In a competition between Robertson & Baxter and Inglis, who maintained that under the law of England, by the indorsement and delivery of the warrant, he had acquired a right to the whisky which was preferable to that of any creditor of Goldsmith doing diligence subsequently, held (aff. judgment of the Court of Session—Whole Court) (1) that the competition fell to be determined by the law of Scotland; and (2) that as the assignation had not been intimated to the warehouse-keepers, the real right remained in Goldsmith, subject to the diligence of his creditors.
[ Bailii ]
 
In re Market Wizard Systems (UK) Ltd [1998] EWHC 1209 (Comm)
14 Jul 1998
ComC
Carnwath J
Company, Insolvency
The Secretary of State sought the winding up of the company on public interest grounds.
[ Bailii ]

 
 In Re A Debtor (No 46 of 1998); ChD 20-Jul-1998 - Times, 20 July 1998
 
Anglo American Investments Limited -v- Jeffrey H Barber [1998] EWCA Civ 1258
22 Jul 1998
CA

Contract, Insolvency
The defendant had borrowed money from the plaintiff, and a director made an oral promiose not to seek repayment until the defendant could afford it. The claimant went into liquidation. Held: The defence was incredible and had no prospect of success.
1 Cites

[ Bailii ]
 
Greenhaven Motors Limited (In Liquidation); Ronald Willoughby Mayers -v- BG Funding Limited Greenhaven Motors Limited (In Liquidation and Acting By Its Liquidator, Robert Valent [1998] EWCA Civ 1365
31 Jul 1998
CA

Insolvency

Insolvency Act 1986 167
1 Cites

[ Bailii ]
 
Kilvert -v- Flackett Times, 03 August 1998
3 Aug 1998
ChD

Insolvency
A lump sum payable from a pension fund to bankrupt before his discharge was to be treated as income. Where bankrupt had sufficient other income he could be made subject to an income payments order.
Insolvency Act 1986 310(7)

 
Gedaljahu Ebert -v- Joan Yvonne Venvil and Ralph Wolff [1998] EWCA Civ 1432
10 Sep 1998
CA
Evans LJ
Insolvency
The claimant sought leave to appeal against an order made in insolvency proceedings restricting him from making further applications with the prior consent of the court. Held. A Grepe v Loam order is "essentially an exercise by the court of its inherent jurisdiction to prevent an abuse of its processes by means of oft repeated and frivolous applications." In this case the order had been made in wide terms, and the application should be renewed on notice.
1 Citers

[ Bailii ]

 
 Morris -v- John Grose Group Limited; EAT 16-Sep-1998 - Gazette, 16 September 1998; (1998) IRLR 499

 
 In re Bayoil SA and In the Matter of Insolvency Act 1986 Seawind Tankers Corporation -v- Bayoil SA; CA 12-Oct-1998 - Times, 12 October 1998; [1999] 1 WLR 147; [1998] EWCA Civ 1364
 
Sea Voyager Maritime Inc and Others -v- Bielecki trading as Hughes Hooker & Co Times, 23 October 1998
23 Oct 1998
ChD

Insolvency
Where a claim in a debtor's estate was in respect of a claim which remained unliquidated, and an insolvency arrangement could very substantially prejudice that claim, the creditor was entitled to relief against the proposed arrangement.
Insolvency Act 1986 262

 
Leakey -v- Jarrett [1998] EWCA Civ 1694
5 Nov 1998
CA

Company, Insolvency, Litigation Practice

[ Bailii ]
 
Salvidge and Another -v- Hussein Times, 11 November 1998
11 Nov 1998
ChD

Insolvency
An application to set aside a statutory demand was not a trial, and therefore a judge hearing an appeal against an order made on such an application is not bound by rules limiting admission of new evidence applicable to appeals after a trial.

 
In Re Inside Sport Ltd Times, 27 November 1998
27 Nov 1998
CACD

Insolvency
Where a dispute arose as to the identity of a voluntary liquidator, the parties should resolve the dispute by an application to the court for the appointment of a voluntary liquidator. It was wrong to seek instead the compulsory winding up of the company.
Insolvency Act 1986 171

 
London and Global Ltd -v- Sahara Petroleum Ltd Times, 03 December 1998
3 Dec 1998
CA

Insolvency
A company asserting that it had a defence to a debt upon which an application for winding up was founded, could not succeed simply by filing an affidavit saying it would defend. The court should assess prospects in same was as it would on an application for summary judgment.


 
 In Re A Debtor No 638-Io-1994; ChD 3-Dec-1998 - Times, 03 December 1998
 
Ebert -v- Venvil (the Trustee In Bankruptcy of the Above-Named Bankrupt) and Wolff and Rabinowicz Intervenor and Ebert -v- Midland Bank Plc [1998] EWCA Civ 1926
8 Dec 1998
CA

Insolvency
The claimant sought leave to appeal on notice against an extended Grepe v Loam order made against him in insolvency proceedings.
1 Cites

1 Citers

[ Bailii ]
 
In Re Greenacre Publishing Ltd Times, 17 December 1998
17 Dec 1998
ChD

Insolvency
An applicant seeking to strike out a bankruptcy petition, must show that his claim would inevitably succeed, and a claim proffered in a claim to extinguish the debt must be solidly and demonstrably well founded.

 
Stocznia Gdanska Sa -v- Latreefers Inc [1998] EWHC 1203 (Comm); [1999] 1 BCLC 271
21 Dec 1998
ComC
Lloyd J
Insolvency, Company
In some cases the appointment of a provisional liquidator of an insolvent company may be justified because of his ability to investigate possible claims against directors for fraudulent or wrongful trading.
Insolvency Act 1986
1 Citers

[ Bailii ]
 
Inland Revenue Commissioners -v- Duce and Another Times, 29 December 1998
29 Dec 1998
ChD

Insolvency
Deliberate concealment of arrangements for sale of assets at an undervalue to associate justified revocation of a voluntary arrangement, but the court must look at the heinousness of the irregularity before deciding as to future conduct of arrangements.
Insolvency Act 1986 262(4)(b)

 
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