Search Results for: Insolvency Act 1986

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Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020

This appeal raises two closely related questions of law: whether purported execution of a foreign judgment registered in the High Court pursuant to the terms of the Lugano Convention can be execution issued in respect of the judgment debt, for the purposes of section 268(1)(b) of the Insolvency Act 1986, if the execution occurred before … Continue reading Islandsbanki Hf and Others v Stanford: CA 2 Apr 2020

Hughes and others v Hannover Re Ruckversicherungs-Aktiengesellschaft: CA 28 Jan 1997

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 … Continue reading Hughes and others v Hannover Re Ruckversicherungs-Aktiengesellschaft: CA 28 Jan 1997

A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

An adjudication of a building dispute under the Insolvency Act, was ‘other proceedings’ within the Act, and therefore before such steps were taken against a company in administration, the applicant had first to obtain leave from the court. Citations: Times 29-Jun-1999 Statutes: Housing Grants Construction and Regeneration Act 1996, Insolvency Act 1986 11(3) Jurisdiction: England … Continue reading A Straume (UK) Ltd v Bradlor Developments Ltd: ChD 29 Jun 1999

FBME Bank Ltd v Elwes and Another: QBD 25 Jul 2012

The claimant alleged that the two defendants had entered into guarantees in its favour. The court had found that the debt was only due by instalments commencing one year after the initial demand. The second defendant now argued that he was not liable at all. The company whose credit had been guaranteed had been placed … Continue reading FBME Bank Ltd v Elwes and Another: QBD 25 Jul 2012

Nelson v Nelson: CA 6 Dec 1996

A solicitor appealed against an order requiring him to contribute to the costs of Mareva injunction applied for on behalf of his bankrupt client. Held: Solicitors were not liable in costs personally for starting proceedings on behalf of a bankrupt. A bankrupt has power to instruct solicitor to commence proceedings. Waller LJGibson LJ said: ‘s.306 … Continue reading Nelson v Nelson: CA 6 Dec 1996

The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

(Opinion) The bank sought production of a statutory demand issued against it by the defendant. It was said to have been served by misplaced by them, but denied that it had any valid basis. The defender alleged fraud but had not given any justification for his assertions or claim. Held: ‘the defender’s position in this … Continue reading The Royal Bank of Scotland Plc v Hill: SCS 3 Jul 2012

Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

The official receiver began director disqualification proceedings, but before the proceedings commenced, the company was wound up. Where, on an application for the disqualification of a director, the official receiver and the Secretary of State became aware that the company had in fact already been dissolved, the normal course would be to transfer the proceedings … Continue reading Re NP Engineering and Security Products Ltd; Official Receiver and Another v Pafundo and Another: CA 22 Oct 1996

In Re Senator Hanseatische Verwaltungsgesellschaft Mbh and Another: CA 30 Jul 1996

The Secretary of State had presented a winding up petition on public interest grounds against a company carrying on an illegal lottery. Held: The court refused the application of the Secretary of State for the appointment of a provisional liquidator; instead he granted injunctions. It was necessary to procure the cessation of the company’s business … Continue reading In Re Senator Hanseatische Verwaltungsgesellschaft Mbh and Another: CA 30 Jul 1996

In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996

The company was in liquidation. Terence Venables, who had owned the shares, had taken an assignment of a cause of action against the football club. The court had set aside that assignment, and removed the liquidator. Venables now appealed saying that the court had been wrong to intervene. Held: The appeal succeeded in part. The … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996

Kooter v The Official Receiver and Others: ChD 24 Oct 2022

Creditor’s application for annulment of bankruptcy Judges: Judge Agnello KC Deputy Insolvency and Companies Court Citations: [2022] EWHC 2683 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a) Jurisdiction: England and Wales Insolvency Updated: 31 October 2022; Ref: scu.682226

Powdrill and Another v Watson and Another: CA 1 Mar 1994

The administrators of a company are deemed to have accepted the employees who had been kept on after 14 days. A letter from them denying that they would accept them as employees, was insufficient to prevent adoption of the contracts. Citations: Independent 22-Mar-1994, Gazette 08-Jun-1994, Gazette 20-Apr-1994, Times 01-Mar-1994, Ind Summary 14-Mar-1994 Statutes: Insolvency Act … Continue reading Powdrill and Another v Watson and Another: CA 1 Mar 1994

Re Arrows Ltd (No 4): CA 8 Apr 1993

A Civil Court cannot stop the Serious Fraud Office using evidence which had been gathered under compulsion during Insolvency interviews under s236. Any element of confidentiality was overriden. Citations: Independent 08-Apr-1993, Gazette 09-Jun-1993 Statutes: Criminal Justice Act 1987 2(8) 3, Insolvency Act 1986 236 Jurisdiction: England and Wales Citing: Appeal from – Re Arrows Ltd … Continue reading Re Arrows Ltd (No 4): CA 8 Apr 1993

In Re A Debtor (No 340 of 1992): CA 19 Jul 1993

Sheriff’s failure to gain access meant that he had failed to execute the writ of fieri facias. Failure to serve writ of fieri facias is not merely a formal defect or irregularity. Citations: Ind Summary 13-Sep-1993, Times 19-Jul-1993 Statutes: Insolvency Act 1986 268(1)(b) Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.81660

Chohan v Saggar and Another: CA 27 Dec 1993

The word ‘and’ in sections 423(2)(a) and 423(2)(b) is to be read conjunctively not disjunctively. Section 238(3) is to be interpreted as requiring restoration of the former position ‘as far as possible’ or ‘as far as practicable’, and that accordingly subsequent events were not an absolute bar against setting aside the sale. Nourse LJ: ‘The … Continue reading Chohan v Saggar and Another: CA 27 Dec 1993

Henderson v 3052775 Nova Scotia Ltd: HL 10 May 2006

The liquidator had sought to set aside a transfer of company property as having been made at an undervalue. The defence was that the buyer had assumed some of the company’s debt in addition, and in effect that it was a preference on other creditors. The court had then issued an interlocutor in effect debarring … Continue reading Henderson v 3052775 Nova Scotia Ltd: HL 10 May 2006

Regina v McCredie; Regina v French: CACD 5 Oct 1999

The duty on company officers to disclose assets to the liquidator went beyond a duty to respond to requests, and created a positive duty to inform him of assets. Nor was the obligation to deliver up a once off event, but it was a duty continuing from time to time during the insolvency. Citations: Times … Continue reading Regina v McCredie; Regina v French: CACD 5 Oct 1999

In Re Inside Sport Ltd: CACD 27 Nov 1998

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. Citations: Times 27-Nov-1998 Statutes: Insolvency Act 1986 171 Jurisdiction: England and … Continue reading In Re Inside Sport Ltd: CACD 27 Nov 1998

Stanley and Another (As The Joint Liquidators of New Grass of Manchester Ltd) v TMK Finance Ltd and Another: ChD 21 Dec 2010

The liquidators sought relief saying that the company had sold its principle capital asset at an undervalue to its parent company. Judges: Richards J Citations: [2010] EWHC 3349 (Ch), [2011] BPIR 876, [2011] Bus LR D93 Links: Bailii Statutes: Insolvency Act 1986 238 241 Jurisdiction: England and Wales Insolvency Updated: 21 October 2022; Ref: scu.427408

4Eng Ltd v Harper and Others: ChD 26 Oct 2009

The claimant sought to set aside transactions entered into by the defendants which, it said were intended fraudulently to defeat claims by their creditors. Held: When considering the extent of recovery available under the sections of the 1986 Act, the court should consider general principles applicable in all areas of law. The Act did not … Continue reading 4Eng Ltd v Harper and Others: ChD 26 Oct 2009

PSV 1982 Ltd v Langdon: CA 12 Oct 2022

Judges: Lord Justice Lewison Lady Justice Asplin And Lord Justice Arnold Citations: [2022] EWCA Civ 1319, [2022] WLR(D) 396 Links: Bailii, WLRD Statutes: Insolvency Act 1986 217 Jurisdiction: England and Wales Insolvency Updated: 19 October 2022; Ref: scu.681873

Ram v Ram and others: CA 16 Nov 2004

Citations: [2004] EWCA Civ 1684, [2005] 2 FLR 63 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Cited by: Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020 Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They … Continue reading Ram v Ram and others: CA 16 Nov 2004

BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019

The Court considered a Director’s duty to act in the interests of his company’s creditors. The Directors were said to have paid out an excessive dividend to put assets beyond the reach of its creditors. Judges: Longmore, David Richards, Henderson LJJ Citations: [2019] EWCA Civ 112, [2019] 2 All ER (Comm) 13, [2019] BCC 631, … Continue reading BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019

Quicksons (South and West) Limited v Katz, Kelmanson: ChD 8 Aug 2003

Application had been made for the removal of the liquidators, who sought security for their costs of defending the application. They said that the company had made several substantial payments to reduce borrowings in the time shortly before the liquidation, increasing unsecured creditors and reducing the secured creditor liabilities. The claimants said the liquidation had … Continue reading Quicksons (South and West) Limited v Katz, Kelmanson: ChD 8 Aug 2003

Wendy Fair (Heritage) Ltd v Hobday and Another: ChD 27 Mar 2006

Application for contribution from directors after they had traded beyond the time when any prospect of avoiding insolvent liquidation was lost. Judges: The Honourable Mr Justice Peter Smith Citations: [2006] EWHC 5803 (Ch) Links: Bailii Statutes: Insolvency Act 1986 214 Jurisdiction: England and Wales Insolvency, Company Updated: 29 September 2022; Ref: scu.241457

Macaria Investments Ltd v Sanders and Another: ChD 17 Dec 2010

Application under section 6 of the Insolvency Act 1986 for an order that the approval of a Company Voluntary Arrangement in respect of the second respondent given by a meeting of creditors be revoked on the grounds that there was material irregularity in relation to that meeting. Judges: Roth J Citations: [2010] EWHC 3353 (Ch), … Continue reading Macaria Investments Ltd v Sanders and Another: ChD 17 Dec 2010

Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011

The revenue appealed against refusal of its petition for the winding up of the company for non-payment of a VAT assessment. The company said that the assessment was disputed. The revenue said that the company had been run for the purpose of submitting false VAT Input tax claims, and suppressing Output tax invoices. Held: The … Continue reading Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011

Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

Johnson and Another v Davis and Another: CA 18 Mar 1998

The court was asked: ‘whether or not the appellants were released from their obligation under a covenant to indemnify the respondents against claims arising under a lease by reason of the terms of an individual voluntary arrangement made under part VIII of the Insolvency Act 1986 by a co-obligee who was liable, jointly with the … Continue reading Johnson and Another v Davis and Another: CA 18 Mar 1998

Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell: CA 5 Nov 2004

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 … Continue reading Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell: CA 5 Nov 2004

Morphitis v Bernasconi and others: CA 5 Mar 2003

The appellants had been directors of a company which fell into difficulties. A new company was begun, and traded, and the other continued for a year before being wound up by a landlord. The lease was disclaimed. Only the landlord lost out. He claimed that the directors had continued to trade with intent to defraud. … Continue reading Morphitis v Bernasconi and others: CA 5 Mar 2003

In re Saunders (A Bankrupt): ChD 1997

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 … Continue reading In re Saunders (A Bankrupt): ChD 1997

Sharp and Others v Woolwich Building Society: HL 6 Feb 1997

The House was asked: what is meant by the word property in a floating charge and in section 53(7) of the 1986 Act which provides for the effect of the appointment of a receiver by the holder of such a charge in the following terms: ‘(7) On the appointment of a receiver under this section, … Continue reading Sharp and Others v Woolwich Building Society: HL 6 Feb 1997

Bagnall QC v Official Receiver: CA 1 Dec 2003

Citations: ,[2004] 1 WLR 2832, [2003] EWCA Civ 1925, [2004] 2 All ER 294 Links: Bailii Statutes: Insolvency Act 1986 279 Jurisdiction: England and Wales Citing: Appeal from – Bagnall QC v the Official Receiver ChD 18-Jun-2003 The bankrupt was to receive his automatic discharge. The receiver had applied ex parte to suspend the automatic … Continue reading Bagnall QC v Official Receiver: CA 1 Dec 2003

Williams and Another v Broadoak Private Finance Ltd and Others: ChD 4 Apr 2018

Application for an order under paragraph 71 of Schedule B1 to the Insolvency Act 1986 (as amended) seeking the court’s permission to dispose of the freehold land known as Pier Hotel and situated at Hamilton Street, Birkenhead as if it were not subject to various security interests together with an order as to the application … Continue reading Williams and Another v Broadoak Private Finance Ltd and Others: ChD 4 Apr 2018

Bank of India v Morris and others: CA 22 Jun 2005

Citations: [2005] EWCA Civ 693, [2005] BPIR 1067, [2005] 2 BCLC 328, [2005] BCC 739 Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Cited by: Main Judgment – Bank of India v Morris and others (Costs) CA 22-Jun-2005 . . Lists of cited by and citing cases may be incomplete. Insolvency, Banking … Continue reading Bank of India v Morris and others: CA 22 Jun 2005

Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005

Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Revenue and Customs v Chamberlin: CA 22 Mar 2011

The claimant argued that she should not have been made bankrupt on the application of HMRC in respect of VAT sums she now disputed. Judges: Sir Andrew Morritt C, Toulson, Sullivan LJJ Citations: [2011] EWCA Civ 271, [2011] BPIR 691, [2011] STC 1237, [2011] STI 1213, [2011] BVC 162, [2011] NPC 33 Links: Bailii Statutes: … Continue reading Revenue and Customs v Chamberlin: CA 22 Mar 2011

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011

The court was asked questions to interpret the terms of interest-bearing notes, which were issued by Eurosail-UK 2007-3BL PLC, a special purpose vehicle formed to hold income-producing assets, consisting of mortgage loans, to be used to meet the liabilities on the Notes, and in particular whether the rspondent had been insolvent when entering into them. … Continue reading BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011

OTG Ltd v Barke and Others: EAT 16 Feb 2011

EAT TRANSFER OF UNDERTAKING – InsolvencyAdministration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor’ within the meaning of reg. 8 (7) of TUPE … Continue reading OTG Ltd v Barke and Others: EAT 16 Feb 2011

Stonham v Ramrattan and Another: CA 16 Feb 2011

The bankrupt, while solvent had acquired a property which was first put in his own sole name, but then transferred to his wife outwardly ‘in consideration of love and affection’. Several years later, on the bankruptcy, the trustee sought to have the transaction set aside. The bankrupt, now discharged, said that in fact the original … Continue reading Stonham v Ramrattan and Another: CA 16 Feb 2011

Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

The claimants appealed against bankruptcy orders made against assessed liability to income tax and penalties. As solicitors, their practice had suffered intervention, but they argued that their assets comfortably exceeded their liabilities and that they should have been given more time to pay. Held: They said that as a result of the intervention within their … Continue reading Ross and Holmes v HM Revenue and Customs: ChD 12 Jan 2010

Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Judges: The Honourable Mr Justice Patten Citations: [2004] EWHC 2448 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others ChD 9-May-2003 T and N had exposure to asbestosis claims; these claims were … Continue reading Alexander Forbes Trustee Services Limited and Another v Jackson and Others: ChD 2 Nov 2004

Mountney v Treharne: CA 8 Aug 2002

In ancillary relief proceedings in a divorce, the husband had been ordered to transfer his interest in property to his wife. Before it was put into effect, he became insolvent. The wife and receiver competed for the interest to have been transferred. Held: Upon the order taking effect (upon the decree absolute), the wife acquired … Continue reading Mountney v Treharne: CA 8 Aug 2002

Wallace v Wallace: ChD 25 Sep 2019

‘The present Application raises an interesting question about the scope of section 236 of the Insolvency Act 1986 (‘IA’). This has been described as the question whether the section has extraterritorial effect. More particularly, the question is whether an Order may be made under the section directed to a Respondent resident abroad, in this case … Continue reading Wallace v Wallace: ChD 25 Sep 2019

Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

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 … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004

Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration. Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an … Continue reading Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002

McGuinness v Norwich and Peterborough Building Society: ChD 23 Nov 2010

The claimant appealed against his bankruptcy saying that it had followed as statutory demand based upon his alleged default under a guarantee of his brothers mortgage borrowings. He said that such a claim was not a liquidated sum within the 1986 Act. Held: The appeal failed. Judges: Briggs J Citations: [2010] NPC 116, [2011] BPIR … Continue reading McGuinness v Norwich and Peterborough Building Society: ChD 23 Nov 2010

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: ChD 30 Jul 2010

The parties disputed whether the respondent was in law insolvent at the time it entered into financial transactions with it. Held: The Court rejected the Noteholders’ submission that Eurosail was plainly insolvent for the purposes of section 123(2) as applied, relying on four points. First, Eurosail’s claims in the insolvencies of other companies, though not … Continue reading BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: ChD 30 Jul 2010

Area Estates Ltd v Weir: CA 20 Jul 2010

The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010

Clarke v Coutts and Co: CA 17 Jun 2002

The respondent bank had obtained a charging order nisi against the applicant’s property. The applicant then obtained an order under s252 of the act requiring any further action against his estate to be stayed. The bank nevertheless obtained an order absolute. The claimant was not represented at that hearing. Several years later he sought to … Continue reading Clarke v Coutts and Co: CA 17 Jun 2002

HSBC Bank Plc v Tambrook Jersey Ltd: CA 22 May 2013

The court considered the interpretation of section 426 of the 1986 Act, and in particular the circumstances in which the courts of England and Wales have jurisdiction to accede to a request for assistance from a foreign court (in this case, the Royal Court of Jersey). Judges: Longmore, McFarlane, Davis LJJ Citations: [2013] EWCA Civ … Continue reading HSBC Bank Plc v Tambrook Jersey Ltd: CA 22 May 2013

Everitt v Budhram and Another: ChD 20 May 2009

The trustee in bankruptcy appealed against rejection of his claim for the sale of the home in which the bankrupts each held a one half share. The bankruptcies arose from non payment of council tax. The principle sums had been repaid, and the outstanding matters were the trustee’s costs. The bankrupts had not co-operated, and … Continue reading Everitt v Budhram and Another: ChD 20 May 2009

Soutzos v Asombang and Others: ChD 23 Apr 2010

The claimant had lent substantial sums to the defendant. The defendant had subsequently been made bankrupt, and now said he was released from the debt. Judges: Newey J Citations: [2010] EWHC 842 (Ch), [2010] BPIR 960 Links: Bailii Statutes: Insolvency Act 1986 281 Jurisdiction: England and Wales Cited by: See Also – Soutzos v Asombang … Continue reading Soutzos v Asombang and Others: ChD 23 Apr 2010

In re Rottmann (a Bankrupt): ChD 20 May 2008

The subject of the bankruptcy proceedings asked that the petition be heard in private so as not to prejudice pending criminal proceedings in a foreign jurisdiction. Held: The bankrupt would be required to answer questions which might be self incriminating. The court had power to hear the matter in private, and would do so, but … Continue reading In re Rottmann (a Bankrupt): ChD 20 May 2008

Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: ChD 19 Jun 1995

An agreement to share the proceeds of litigation against Directors was champertous. Citations: Times 19-Jun-1995 Statutes: Insolvency Act 1986 S4P6 Jurisdiction: England and Wales Cited by: Appeal from – Ward v Aitken and Others; In re Oasis Merchandising Services Ltd CA 9-Oct-1996 The Court was asked as to the validity of the assignment by a … Continue reading Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: ChD 19 Jun 1995

Hardy v Focus Insurance Co (In Liquidation): ChD 19 Jul 1996

The Court has no power to direct the Official Receiver as to suspension of bankruptcy. Citations: Times 19-Jul-1996, [1997] BPIR 77 Statutes: Insolvency Act 1986 303(1) 303(2) Jurisdiction: England and Wales Cited by: Cited – Bagnall QC v the Official Receiver ChD 18-Jun-2003 The bankrupt was to receive his automatic discharge. The receiver had applied … Continue reading Hardy v Focus Insurance Co (In Liquidation): ChD 19 Jul 1996

In Re Buckingham International Plc: ChD 20 Nov 1997

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. Citations: Times 20-Nov-1997 Statutes: Insolvency Act 1986 183(1) Jurisdiction: England and Wales Cited by: Appeal from – In re Buckingham International Plc and In the Matter of … Continue reading In Re Buckingham International Plc: ChD 20 Nov 1997

Remblance v Octagon Assets Ltd: CA 17 Jun 2009

A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, and should provide similar relief to a guarantor. Held: (Mummery … Continue reading Remblance v Octagon Assets Ltd: CA 17 Jun 2009