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Insolvency - From: 2004 To: 2004

This page lists 79 cases, and was prepared on 08 August 2015.

 
Strongmaster -v- Kaye [2004] BPIR 335
2004
CA

Insolvency

1 Cites


 
In re Daisytek-ISA Ltd and others [2004] BPIR 30
2004

Judge McGonigal
Insolvency
The court was asked where the centre of main interests of French and German subsidiaries of ISA International plc ("International") was situated for the purposes of article 3.1 of the Regulation. Held: After referring to recital (13) to the Regulation, to the commentary at paragraph 75 of the Virgos-Schmit Report and to the registrar's decision in Skjevesland: "In my view the most important 'third parties' referred to in recital 13 are the potential creditors. In the case of a trading company the most important groups of potential creditors are likely to be its financiers and its trade suppliers. The evidence in this case is that the financing of the business of the German companies by a factoring agreement was organised for them by International in Bradford and that 70% of goods supplied to the German companies are supplied under contracts made by International in Bradford. It appears that a large majority of potential creditors by value (which I regard as the relevant criterion) know that Bradford is where many important functions of the German companies are carried out."
1 Cites

1 Citers


 
Guinan III -v- Caldwell Associates [2004] BPIR 531; [2004] EWHC 3348 (Ch)
2004


Insolvency

1 Citers


 
Re Yates (A Bankrupt) [2004] All ER (D) 373; [2005] BIPR 476
2004

Charles J
Limitation, Insolvency
The court considered the application of the limitation to a claim by a trustee in bankruptcy to set aside a transaction at an undervalue. Held: Charles J: "If there is a limitation period, the passages in Muir Hunter suggest that in the case of a claim by a trustee in bankruptcy begins to run from the date of the bankruptcy order. Counsel for the trustee made the same submission on the basis that that is the date when the cause of action accrued to the trustee. I agree."
1 Citers


 
Barnes -v- Whitehead [2004] BPIR 693
2004
ChD
HHJ Maddocks
Insolvency
Where a party seeks to run an argument which might have been made earlier, it will inquire why those arguments were not run at the time when they could and should have been run.
1 Citers



 
 National Westminster Bank Plc -v- Spectrum Plus Ltd and others; ChD 15-Jan-2004 - [2004] 2 WLR 783; [2004] 1 All ER 981; [2004] BCC 51; [2004] 1 BCLC 335; [2004] EWHC 9 (Ch)
 
HM Customs & Excise -v- Jack Baars Wholesale, Baars, and Baars [2004] EWHC 18 (Ch); [2004] BPIR 543
16 Jan 2004
CmpC
Mr Justice Lindsay
Insolvency, Customs and Excise

Insolvent Partnerships Order 1994
1 Citers

[ Bailii ]
 
Exeter City AFC Ltd -v- Football Conference Ltd and Another Times, 12 February 2004; Gazette, 04 March 2004
29 Jan 2004
ChD
Weeks QC, J
Contract, Insolvency
The football club played in a league operated by the first defendant, which sought a stay of an application for relief from unfair prejudice, saying their was a binding obligation for the complaint to be referred to arbitration. Held: 'the court controlled by statute the creation and extinction of a company and also attended to it during its mid-life crises.' The court refused to regard the right to petition for unfair prejudice under section 459 as capable of being the subject of an arbitration.
Companies Act 1985 459
1 Cites

1 Citers


 
In re Trident Fashions plc Times, 23 April 2004
5 Feb 2004
ChD
Lewison J
Insolvency, Company
Creditors of the company sought relief, saying the voluntary arrengement made had been based upon the omission of material by the insolvency practitioner. Held: A court could intervene in such a case only where the actions of the practitioner were such that no reasonable practitioner would do. When asked questions, the practitioner had to give fair and balanced answers.
1 Cites


 
Celtech International Limited -v- Dalkia Utilities Services Plc [2004] EWHC 193 (Ch
12 Feb 2004
ChD
Mr Justice Richards
Contract, Insolvency

1 Citers

[ Bailii ]
 
In re William Andrew Malcolm; William Andrew Malcolm -v- Benedict Mackenzie, Allied Dunbar Gazette, 01 April 2004; [2004] EWHC Ch 339
26 Feb 2004
ChD
The Hon Mr Justice Lloyd
Human Rights, Financial Services, Insolvency
The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law. Held: The alleged infringement of the former bankrupt's rights had taken place before the coming into force of the Human Rights Act 1998, and he could therefore only rely on that Act if the retrospective provision of section 22(4) applied. That section would only have effect if the proceedings were instigated by a public authority. The proceedings here were begun by the trustee in bankruptcy. The bankrupt could not rely upon protection by the 1998 Act.
Human Rights Act 1998 22(4)
1 Cites

1 Citers

[ Bailii ]
 
Dyment -v- Boyden and others [2004] EWHC 350 (Ch)
27 Feb 2004
ChD
Hart J
Insolvency
Challenge to proofs of debt.
[ Bailii ]
 
Rubin -v- Gunner & Another [2004] EWHC 316 (Ch)
1 Mar 2004
CmpC
Mr Justice Etherton
Insolvency, Company

Insolvency Act 1986 1214 - Companies Act 1985 212

 
Rubin -v- Gunner and Another [2004] EWHC 316 (Ch)
1 Mar 2004
ChD

Insolvency, Company
Insolvent trading
Insolvency Act 1986 214
[ Bailii ]
 
Buchler and another (as joint liquidators of Leyland DAF Limited) -v- Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others [2004] UKHL 9; Times, 05 March 2004; Gazette, 25 March 2004; [2004] 2 WLR 582; [2004] AC 298
4 Mar 2004
HL
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Millett, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Insolvency
The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee. Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged against the assets subject to the floating charge: "The winding up of a company is a form of collective execution by all its creditors against all its available assets. The resolution or order for winding up divests the company of the beneficial interest in its assets. They become a fund which the company thereafter holds in trust to discharge its liabilities …. But the trust only applies to the company's property. It does not affect the proprietary interests of others."
Lord Hoffmann discussed whether assets covered by a floating charge which had crystallised were assets of the company: "When a floating charge crystallises, it becomes a fixed charge attaching to all the assets of the company which fall within its terms. Thereafter the assets subject to the floating charge form a separate fund in which the debenture holder has a proprietary interest. For the purposes of paying off the secured debt, it is his fund. The company has only an equity of redemption; the right to retransfer of the assets when the debt secured by the floating charge has been paid off. It is this equity of redemption which forms part of the fund held on trust for the company's creditors which arises upon a winding up.
Putting aside any fixed charges, the position is therefore that if a company is in both administrative receivership and liquidation, its former assets are comprised in two quite separate funds. Those which were subject to the floating charge ("the debenture holder's fund") belong beneficially to the debenture holder. The company has only an equity of redemption. Those which were not subject to the floating charge ("the company's fund") are held in trust for unsecured creditors. In the usual case in which the whole of the company's assets and undertaking are subject to the floating charge, the company's fund will consist only of the equity of redemption in the debenture holder's fund."
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Swycher -v- Vakil [2004] EWCA Civ 444
18 Mar 2004
CA

Insolvency, International, Litigation Practice

[ Bailii ]
 
In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986 [2004] EWHC 523 (Ch); Times, 19 March 2004; Gazette, 01 April 2004; [2004] 1 WLR 1549
19 Mar 2004
ChD
Vice-Chancellor, The Vice-Chancellor
Company, Insolvency
The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum had gone to charity. These were the very directors whose behaviour had suggested the need for the action, and undertakings could properly be rejected.
Insolvency Act 1986 - Companies Act 1985 447 - Charitable Institutions (Fund-Raising) Regulations 1994 7
1 Cites

1 Citers

[ Bailii ]
 
In re The Arena Corporation Limited; Commissioners for Customs & Excise -v- The Arena Corporation Limited; the Arena Corporation Limited -v- Schroeder [2004] EWCA Civ 371; [2004] BPIR 415
25 Mar 2004
CA
Lord Justice Mance Vice-Chancellor, The Vice-Chancellor Lord Justice Carnwath
Customs and Excise, Insolvency
Sir Andrew Morritt V-C said that in the context of winding up proceedings the test for whether there is a genuine triable issue in a disputed claim, is whether the debt is bona fide disputed on substantial grounds, which, for practical purposes, is synonymous with "real as opposed to frivolous."
Insolvency Act 1986
1 Cites

1 Citers

[ Bailii ]

 
 In re Millenium Advanced Technology Ltd; ChD 2-Apr-2004 - Times, 29 April 2004
 
Rayne -v- Hm Prison Strangeways Manchester [2004] EWHC 903 (Admin)
6 Apr 2004
Admn

Insolvency, Contempt of Court, Legal Professions

[ Bailii ]
 
Mathew Purdon Henderson ( Liquidator of Letham Grange Development Co Ltd) -v- 3052775 Nova Scotia Ltd [2004] ScotCS 98
21 Apr 2004
OHCS
Lord Carloway
Scotland, Insolvency

Insolvency Act 1986 242
1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Rodencroft Limited, W. G. Birch Developments Limited, H-M Birch Limited; Simon Allso -v- The Secretary for State for Trade and Industry [2004] EWHC 862 (Ch); Times, 13 May 2004
23 Apr 2004
ChD
The Hon Mr Justice Evans-Lombe
Company, Insolvency
The Secretary of state sought the winding up of the companies saying it was expedient in the public interest to do so. A shareholder opposed this saying that the companies were solvent. Held: The shareholder had, in the absence of any position taken by the company, the standing to make the application, which was granted in respect of one company and refused for the other two. The rules did not envisage a shareholder appearing in such a case, but he should not be prevented from doing so in an appropriate case.
Insolvency Act 1986 12A
1 Cites


 
Allso -v- Secretary of State for Trade & Industry [2004] EWHC 862 (Ch)
23 Apr 2004
ChD
Evans-Lombe
Insolvency

[ Bailii ]

 
 In re Telewest Communications Plc; ChD 26-Apr-2004 - [2004] EWHC 924 (Ch); Times, 27 May 2004
 
Transbus International Limited, Re [2004] EWHC 932 (Ch)
27 Apr 2004
ChD
Mr Justice Collins
Insolvency

Insolvency Act 1986
[ Bailii ]
 
John Henry Popely -v- John Henry Popely [2004] EWCA Civ 463; [2004] BPIR 778
30 Apr 2004
CA
Mr Justice Moses Lord Justice Ward Lord Justice Jonathan Parker
Insolvency
The expression "cross-demand" in rule 6.5(4)(a) did not imply any kind of procedural or juridical relationship to the debt subject to the statutory demand. All it meant was that the demand was one that went the other way, i.e. was a demand by the debtor on the creditor. The cross-claim must still be one which can be characterised as genuine and serious, or of substance.
Insolvency Rules 1986 (SI 1986/1925) 6.5(4)(a)
1 Cites

1 Citers

[ Bailii ]
 
Popeley -v- Popeley Times, 14 May 2004; Gazette, 13 May 2004
30 Apr 2004
CA
Ward LJ, Jonathan Parker LJ, Moses J
Insolvency
The creditor appealed an order setting aside a statutory demand. Held: The demand had been issued to enforce a costs order when in related matters an action was pending against the creditor and where the debt upon which the demand was based arose from associated proceedings.
1 Cites


 
The Commissioners of the Inland Revenue -v- Wimbledon Football Club Ltd, Martin Gilbert Ellis, James Earp [2004] EWHC 1020 (Ch)
11 May 2004
ChD
The Hon Mr Justice Lightman
Insolvency

1 Cites

1 Citers

[ Bailii ]

 
 Secretary of State for Trade and Industry -v- Frid; HL 13-May-2004 - [2004] UKHL 24; Times, 14 May 2004; [2004] 2 AC 506; [2004] BPIR 841; [2004] 2 BCLC 1; [2004] 2 WLR 1279; [2004] 2 All ER 1042
 
Khan -v- Trident Safeguards Ltd and others [2004] EWCA Civ 624; Times, 28 May 2004
19 May 2004
CA
The Hon Mrs Justice Arden Dbe Lord Justice Buxton Lord Justice Wall
Employment, Insolvency, Discrimination
The claimant had ben made bankrupt. The defendant argued that his claim vested in the trustee. Held: A discrimination claim was hybrid in nature rather than purely personal, and so it vested in the trustee. However the real issue was the actual claim made. In this case the claimant could seek only the personal elements for damages to injured feelings. If the claim was so limited, it would cease to be a hybrid claim, and he would have the right to bring the action.
1 Cites

1 Citers

[ Bailii ]
 
Ridgeway Motors (Isleworth) Ltd -v- Altis LTL 21 May 2004
21 May 2004
ChD

Insolvency, Limitation
The company sought to strike out a winding up petition presented by the respondents, saying a winding up petition was by way of an action, and was barred by statute after six years. Held: A winding up petition was not an action within the section and was not time barred after 6 years.
Limitation Act 1980 38(1)
1 Cites

1 Citers


 
First National Tricity Finance Ltd -v- OT Computers Ltd; In re OT Computers Ltd (in administration) [2004] EWCA Civ 653; Times, 31 May 2004; [2004] Ch 317
25 May 2004
CA
Lord Justice Kay, Lord Justice Longmore, Lord Justice Parker
Insurance, Insolvency
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company's administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the 1930 Act which was not restricted solely to liabilities in tort. There had been differing interpratations of the Act, but not so as to demonstrate any ambiguity in the Act so as to allow admission of parliamentary evidence under Pepper v Hart. Lord Justice Longmore: "the question of the date of transfer to the third party of the rights of the insured against the insurer should now . . be regarded as conclusively determined . . in favour of the view that the transfer takes place on the event of insolvency."
Third Parties (Rights Against Insurers) Act 1930 - Consumer Credit Act 1974
1 Cites

1 Citers

[ Bailii ]

 
 National Westminster Bank Plc -v- Spectrum Plus Ltd; In re Spectrum Plus; CA 26-May-2004 - [2005] 2 All ER 1000; [2004] All ER (D) 390; Times, 04 June 2004; Gazette, 10 June 2004; [2004] EWCA Civ 670
 
Commissioners of Inland Revenue -v- The Wimbledon Football Club Limited, Ellis, Earp [2004] EWCA Civ 655
28 May 2004
CA
Lord Justice Mance Lord Chief Justice Of England And Wales Lord Justice Neuberger
Insolvency
The Commissioners appealed against a refusal of their application for a revocation of the defendant's voluntary arrangement in that it had failed to comply with section 4. They complained that the arrangement was unfair to them. It had been agreed to pay football creditors in full at the expense of others, in order to avoid penalties imposed by the Football League. Held: The purchasers agreed to pay the football debts from their own assets. The voluntary arrangement dealt with the unpaid creditors. The scheme of arrangements system is intended to be flexible, and this scheme was proper.
Insolvency Act 1986 6 4(4)(a)
1 Cites

1 Citers

[ Bailii ]
 
Fliptex Limited -v- Hogg, Elliot, Davies, Laughton [2004] EWHC 1280 (Ch)
8 Jun 2004
ChD
Mr Justice Smith
Landlord and Tenant, Insolvency
Surrender
[ Bailii ]
 
Beckenham Mc Ltd -v- Centralex Ltd and others [2004] EWHC 1287 (Ch)
10 Jun 2004
ChD
Hart J
Insolvency

Insolvency Act 1986 423
1 Cites

[ Bailii ]
 
Mckay -v- Titley [2004] EWCA Civ 801
14 Jun 2004
CA

Insolvency
Removal of trustee in bankruptcy.
[ Bailii ]
 
AMCD (Property Holdings Ltd.), Re [2004] EWHC 3463 (Ch)
15 Jun 2004
ChD
Lewison J
Insolvency
Application for administration order.
[ Bailii ]
 
Daltel Europe Ltd (In Liquidation) and Others -v- Hassan Ali Makki [2004] EWHC 1631 (Ch)
17 Jun 2004
ChD
Lloyd J
Insolvency

1 Citers

[ Bailii ]
 
In the Matter of Telewest Communications Plc and in the Matter of Telewest Finance (Jersey) Ltd [2004] EWHC 1466 (Ch)
22 Jun 2004
ChD
Mr Justice Richards
Company, Insolvency
Richards J said: "In considering the primary position of the Opposing Bondholders, it is important to keep in mind the function of the court at this stage. This is an application by the companies for leave to convene meetings to consider the schemes. It is emphatically not a hearing to consider the merits and fairness of the schemes. Those aspects are among the principal matters for decision at the later hearing to sanction the schemes, if they are approved by the statutory majorities of creditors. The matters for consideration at this stage concern the jurisdiction of the court to sanction the scheme if it proceeds. There is no point in the court convening meetings to consider the scheme if it can be seen now that it will lack the jurisdiction to sanction it later. This is principally a matter of the composition of classes. Under section 425, the court will have no jurisdiction to sanction the scheme if the classes have been incorrectly constituted. It is perhaps unfortunate that this is the case and there is much to commend an approach which enables the court to sanction a scheme in an appropriate case, where the classes have been incorrectly constituted in a way which would not have affected the outcome of the meetings. But that is not the position under section 425 and the practice now is to deal so far as possible with issues of class composition at the first stage of the application for leave to convene meetings. There might exceptionally be other issues which would go to jurisdiction and could properly raised at this stage: see re Savoy Hotel Ltd [1981] Ch. 351. What the court should not do is consider the fairness of the scheme with a view to deciding whether at the later hearing it will or will not sanction it.
If the Opposing Bondholders' position is that the inclusion of the Average Exchange Rate produces so unfair a result that no court would sanction the scheme, that as it seems to me can and should be considered at the hearing to sanction the scheme…."
Companies Act 1985 425
1 Citers

[ Bailii ]
 
Marchands Associates Llp and Another -v- Thompson Partnership Llp [2004] EWCA Civ 878
28 Jun 2004
CA

Insolvency

[ Bailii ]
 
Habib Bank Limited -v- Ahmed & others [2004] EWCA Civ 805
29 Jun 2004
CA
Lord Justice Auld Lord Justice Sedley Lord Justice Keene
Insolvency, Banking

Foreign Judgments (Reciprocal Enforcement ) Act 1933 - Insolvency Act 1986 423
[ Bailii ]
 
Ramlort Ltd -v- Michael James Meston Reid [2004] EWCA Civ 800; [2004] BPIR 985
8 Jul 2004
CA
Lord Justice Jonathan Parker Lord Justice Judge Lord Justice Waller
Insolvency, Wills and Probate, Trusts
The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the declaration of trust was ineffective as a transaction at an undervalue. The company appealed an order which returned to it the payments it had made, but that the balance was held for the insolvent estate. They said that at the time the payments were made, they were for full value. Held: To have a transaction at an undervalue by an 'individual' within the sections, the value in money or money's worth, from the debtor's point of view, of the consideration for which he enters into the transaction must be 'significantly less' than the value in money or money's worth, again from the debtor's point of view, of the 'consideration provided' by the debtor. The value in money or money's worth of the totality of whatever it is that the debtor is parting with under the transaction. There is no absolute need to ascribe exact values before making that judgment. There had been a transaction at an undervalue, and the order was correct.
Insolvency Act 1986 339
1 Cites

1 Citers

[ Bailii ]
 
Mazur Media Limited, Apex Entertainment Group Limited(Both In Administrative Receivership) -v- Mazur Media Gmbh (In Provisional Insolvency Under the Laws of Germany), Manuel Sack, Iris Mazur, Hanspeter Rhein [2004] EWHC 1566 (Ch); Times, 29 July 2004
8 Jul 2004
ChD
The Honourable Mr Justice Collins
Jurisdiction, Insolvency, European
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex's claim for damages and for delivery up against Mrs Mazur under the Share Sale Agreement; (b) it will also have jurisdiction to determine Mazur Ltd's claim against Mazur GmbH to title to the Masters under the Assignment and for delivery up, subject to the determination of the issue as to whether Mazur Ltd has an arguable case for a term to be implied by business efficacy principles or by custom; (c) there is no substantive or jurisdictional basis for Apex's claim for a declaration that it has title to the Masters; (d) the court does not have jurisdiction over the tortious claims against any of the Defendants, nor over the claims against them (other than Mrs Mazur) for delivery up; and (e) there will be no stay in relation to those claims against Mazur GmbH over which the English court has jurisdiction.
Council Regulation (EC) No. 44/2001 - Insolvency Act 1986 130(2)
1 Cites

[ Bailii ]
 
Whalley -v- Doney and Another [2004] EWCA Civ 1198
9 Jul 2004
CA

Company, Insolvency

[ Bailii ]
 
In re T & N Ltd and Others [2004] EWHC 1680 (Ch)
13 Jul 2004
ChD

Insolvency

[ Bailii ]
 
Aes Barry Ltd -v- Txu Europe Energy Trading [2004] EWHC 1757 (Ch); [2005] 2 BCLC 22
15 Jul 2004
ChD
Patten J
Insolvency
Patten J considered whether to grant consent to a monetary action against the company now in administration, and said: "it will be in exceptional cases that the Court gives a creditor whose claim is simply a monetary one, a right by the taking of proceedings to override and pre-empt that statutory machinery."
Insolvency Act 1986 11(3)
1 Citers

[ Bailii ]
 
Scribes West Limited -v- Relsa Anstalt and Another (No 2) (Practice Note) [2005] 1 WLR 1839; [2004] EWCA Civ 965; [2004] 4 All ER 653
20 Jul 2004
CA
Lord Justice Mance Lord Justice Brooke Lord Justice Dyson
Landlord and Tenant, Insolvency, Litigation Practice
The court gave guidance on the destination of appeals from county court cases. It was vital to identify the precise nature of the order under appeal: "The judges of this court (and the staff at the Civil Appeals Office) have to interpret the order of the lower court as we find it. The relevant decision is the Court's order, and the Destination Order determines where appeal should lie from that order . . The appeal court must be the one that is readily ascertainable from the face of the court's order, and not one which would or might have been ascertainable if the judge had made a different order. It would be intolerable if appeal courts had to be subjected to a complicated examination of the types of order that might have been made if the parties had dealt with things differently in the lower court, merely for the purpose of determining whether they possess jurisdiction. The destination of the appeal should be ascertainable from the language of the order."
1 Cites

1 Citers

[ Bailii ]
 
Lord -v- Sinai Securities Ltd and others [2004] EWHC 1764 (Ch)
21 Jul 2004
ChD
Hart J
Company, Insolvency
For it to be found that a person had acted as a shadow director within the section, it must be shown that "all the directors, or at least a consistent majority of them," had been accustomed to act on the directions of the alleged shadow director.
Companies Act 1985 741(2)
1 Citers

[ Bailii ]
 
In re Turnstem Limited; Harish Bhanderi -v- H M Commissioners of Customs and Excise [2004] EWHC 1765 (Ch)
23 Jul 2004
ChD
Mr Justice Collins
Insolvency

Insolvency Act 1986

 
Manning, Bloom, Bingham (Liquidators of SSSI Realisations (2002) Limited); AIG Europe (Uk) Limited, Save Group Plc (In Liquidation) -v- Ronald Robinson, David Acland (Liquidators of Save Group Plc); AIG Europe [2004] EWHC 1760 (Ch)
27 Jul 2004
ChD
The Hon Mr Justice Lloyd
Insolvency, Company

[ Bailii ]
 
Gibson Dunn & Crutcher and Another. -v- Rio Properties Inc. [2004] EWCA Civ 998
29 Jul 2004
CA
Laddie, The Hon Mr Justice Laddie Lord Justice Parker
Insolvency
The court asked whether it is proper for the court, while a bankruptcy petition is pending, to appoint someone other than the official receiver as interim receiver and manager of the debtor's property.
[ Bailii ]
 
Quickson (South and West) Limited -v- Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited) [2004] EWHC 2443 (Ch)
25 Aug 2004
ChD
Etherton, The Honourable Mr Justice Etherton
Insolvency
Various applications were made in the insolvency, including for removal of the liquidators and declarations that certain payments were a fraudulent preference on the creditors. Held: No prejudice had been shown by any procedural irregularity. Other creditors should be able to see that there is a proper investigation of relevant matters relating to inter-company transfers, and the matter should be allowed to proceed. The liquidators had acted in a surprising way in a tactical battle with the applicants, whose loss of confidence in the liquidators was understandable. Proceedings for disqualification orders had been discontinued, but the liquidators persisted in their assertion of an unlawful preference. The costs unreasonably incurred by the liquidators had swallowed all the assets. The liquidators should be removed.
1 Cites

[ Bailii ]
 
Fourie -v- Le Roux and Others Times, 08 October 2004
30 Sep 2004
ChD
John Jarvis QC
Litigation Practice, Insolvency
Interim asset freezing injunctions had been obtained on the application of a liquidator in South Africa. The defendant applied for their discharge. Held: They should be discharged. No foreign proceedings had been specified for which they were proposed as support. An insolvency process was insufficient for this purpose. The court had forewarned the plaintiff of this difficulty. The 1982 Act applied only to injunctions sought for foreign proceedings. The only order in South Africa was an order nisi, was narrow and involved no damages claim nor any tracing remedy.
Civil Jurisdiction and Judgments Act 1982 25
1 Cites

1 Citers


 
Customs & Excise -v- Anglo Overseas Ltd [2004] EWHC 2198 (Ch); [2005] BPIR 137
5 Oct 2004
ChD
The Honourable Mr Justice Lewison
Customs and Excise, Company, Insolvency

Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001
1 Citers

[ Bailii ]
 
Ross -v- Stonewood Securities Ltd [2004] EWHC 2235 (Ch)
7 Oct 2004
ChD
The Honourable Mr Justice Lewison
Costs, Insolvency
The claimant appealed an order reducing his award of costs.
1 Cites

[ Bailii ]
 
Coulter -v- Chief Constable of Dorset Police [2004] EWCA Civ 1259; Times, 22 October 2004; [2005] BPIR 62; [2005] 1 WLR 130
8 Oct 2004
CA
Waller Chadwick Carnwath LJJ
Insolvency, Equity
The appellant had failed in his action against the police and been ordered to pay the costs. A statutory demand was issued in the name of the respondent, but as the new chief constable had no deed of assignment, he was only equitable assignee. Held: It had not been unfair not to set aside the statutory demand. Though the action was conducted in the name of the chief constable it was as nominee and for and on behalf of the police force. Appeal refused.
1 Cites

1 Citers

[ Bailii ]
 
T&N Ltd. and Others, Re [2004] EWHC 2361 (Ch)
21 Oct 2004
ChD
Mr Justice Richards
Insolvency

Insolvency Act 1986
1 Cites

1 Citers

[ Bailii ]
 
In re Ballast plc (in Administration) and Others Times, 28 October 2004; [2005] 1 WLR 1928
21 Oct 2004
ChD
Blackburne J
Company, Insolvency
The administrator sought to move direct from an administration to insolvency proceedings without first closing the administration by a court order. Held: The 2002 was intended to allow such a procedure.
Enterprise Act 2002
1 Citers


 
Customs & Excise -v- Jack Baars Wholesale and others [2004] EWCA Civ 1531
3 Nov 2004
CA

Insolvency

1 Cites

[ Bailii ]
 
Gita Ram -v- Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell [2004] EWCA Civ 1452
5 Nov 2004
CA
Potter, Lord Justice Potter Lord Justice Buxton Lord Justice Carnwath
Insolvency, Trusts, Human Rights
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced. Held: The wife was seeking effectively not re-instatement, but the creation of a position which would better allow her own matrimonial claim. The rules required the position to be restored. Any automatic proiotity given to the trustee in bankruptcy was not an infringement of the wife's human rights. Wider interests were in the balance. Nevertheless rule 1293) still required revision.
Insolvency Act 1986 305 423
1 Cites

[ Bailii ]
 
Ram -v- Ram and others [2004] EWCA Civ 1684
16 Nov 2004
CA

Family, Insolvency

Insolvency Act 1986 423
[ Bailii ]
 
Timmins -v- Conn [2004] EWCA Civ 1761
22 Nov 2004
CA

Insolvency

Insolvency Act 1986 263(3)
[ Bailii ]
 
Mytravel Group Plc, Re Companies Act 1985 [2004] EWHC 2741 (Ch); Times, 30 November 2004
24 Nov 2004
ChD
Mann J
Company, Insolvency
The company sought approval of a proposed reconstruction under the section. Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those carrying on the business should be the same or similar. Here the proposal would result in the former shareholders owning only 4% of the new business.
Companies Act 1985 425
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Freakley, Gleave, Squires, T&N Limited -v- Centre Reinsurance International Company, Muenchener Rueckversicherungs-Gesellschaft, European International Reinsurance Company Limited, Curzon Insurance Limited [2004] EWHC 2740 (Ch)
26 Nov 2004
ChD
The Hon Mr Justice Richards
Company, Insolvency

1 Cites

1 Citers

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Lloyds Bank Plc and others -v- Cassidy [2004] EWCA Civ 1767; Times, 11 January 2005
1 Dec 2004
CA
Lord Justice Auld, Lord Justice Chadwick, Lord Justice Clarke
Insolvency, Professional Negligence, Litigation Practice
The defendant sought leave to appeal against orders for possession. The trial had been transcribed by the claimant. At the start of the application, a copy of the transcript was given to the judge but not the defendant despite his application. Held: The judge should not be provided with a document which was not also to be provided to the other party. The failure to do so was a procedural irregularity. In this case however the transcript had been provided in time for the defence counsel to make use of it for his closing summary, and no prejudice had in fact occurred. The other grounds of appeal failed. Appeal dismissed.
1 Cites

1 Citers

[ Bailii ]
 
Ahmad -v- Inland Revenue [2004] EWCA Civ 1758
1 Dec 2004
CA

Insolvency

[ Bailii ]
 
Ann Hearn, Champion Pensions Limited -v- Barry Stephen Bell [2004] EWHC 2803 (Ch)
3 Dec 2004
ChD
The Honourable Mr Justice Patten
Insolvency

[ Bailii ]
 
Thomas Campbell Mcleannan Tay Square Properties Limited for an Order Under Section 236 of the Insolvency Act 1986
3 Dec 2004
OHCS
Lady Paton
Scotland, Insolvency

Insolvency Act 1986 236
[ ScotC ]
 
Grace Francis -v- Barclays Bank Plc [2004] EWHC 2787 (Ch)
7 Dec 2004
ChD
The Hon Mr Justice Rattee
Land, Banking, Insolvency


 
T&N Ltd. and Others, Re the Insolvency Act 1986 [2004] EWHC 2878 (Ch)
8 Dec 2004
ChD

Insolvency

Insolvency Act 1986
1 Cites

1 Citers

[ Bailii ]
 
Capital Cranfield Trustees Ltd -v- Walsh and Another [2004] EWHC 2874 (Ch)
9 Dec 2004
ChD

Insolvency

[ Bailii ]
 
Capital Cranfield Trustees Ltd -v- Walsh and Another [2004] EWHC 2874 (Ch)
9 Dec 2004
ChD

Insolvency

[ Bailii ]
 
Alstom Transport -v- Elequip Projects Ltd [2004] EWHC 2897 (Ch)
13 Dec 2004
ChD
Hart J
Company, Insolvency

[ Bailii ]
 
Jose Vicente Olaso Valero -v- Fondo de Garantia Salarial (Fogasa) C-520/03
16 Dec 2004
ECJ

European, Employment, Insolvency
Social policy - Protection of workers in the event of the insolvency of their employer - Directive 80/987/EEC - Scope - Definition of 'claims' - Definition of 'pay' - Compensation payable in the event of unfair dismissal.
[ Europa ]
 
British American Racing (Holdings) Ltd, Re Insolvency Act 1986 [2004] EWHC 2947 (Ch)
16 Dec 2004
ChD

Insolvency

Insolvency Act 1986
[ Bailii ]
 
In the Matter of British American Racing (Holdings) Limited; In the Matter of the Insolvency Act 1986 [2004] EWHC 2947 (Ch)
16 Dec 2004
ChD
Lord Justice Evans-Lombe
Insolvency, Company
The company raced in the Formula 1 series. Its main sponsors had been British American Tobacco, but because of restrictions of tobacco advertising, the company lost substantial revenue and fell in to loss, and entered into an individual voluntary arrangement. It had just signed a new joint venture agreement with Honda, when BAT called in its loan. BAT sought an administration order. Mount Eagle a smaller shareholder refused to sell out and opposed the application, saying the administration was not sought in good faith. Held: The debts were substantial, and the shares had no independent value. The proposal would allow for payment of the company's debts. Administrators would have a duty to te court to act fairly, and the an order would not be unfair. The application was not an abuse.
Insolvency Act 1986
1 Cites


 
Thornhill -v- Atherton and others [2004] EWCA Civ 1858
20 Dec 2004
CA

Insolvency

[ Bailii ]
 
Malcolm -v- Mackenzie, Allied Dunbar Plc [2004] EWCA Civ 1748; [2004] EWCA Civ 1748; Times, 04 January 2005
21 Dec 2004
CA
Lord Justice Mummery Lord Justice Chadwick Lord Justice Tuckey
Insolvency, Human Rights, Financial Services
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory. Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not from a difference in treatment of persons of different status. The appeal failed.
Welfare Reform and Pensions Act 1999 11
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1 Citers

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