Search Results for: Insolvency Act 1986 8

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Rottmann v Brittain: CA 12 Nov 2008

The applicant sought leave to appeal against a refusal to adjourn his examination in bankruptcy fearing that the contents would become public prejudicing his criminal trial abroad. The court had allowed a private examination, but he felt this was insufficient protection. Held: Leave was refused. Judges: Mummery LJ Citations: [2008] EWCA Civ 1360 Links: Bailii … Continue reading Rottmann v Brittain: CA 12 Nov 2008

Power v Petrus Estates Ltd and others: ChD 31 Oct 2008

The chairman of the creditors meeting had marked the proof of Petrus as objected to but had allowed Petrus to resulting in the appointment of the joint liquidators. The claimant now challenged this saying that had Petrus not been allowed tp vote he would have been appointed. Held: Lewison J set out the scheme: ‘The … Continue reading Power v Petrus Estates Ltd and others: ChD 31 Oct 2008

Beloit Walmsley Ltd, Re: ChD 31 Jul 2008

Administrators of a company subject to a Company Voluntary arrangement sought permission to distribute surplus funds notwithstanding that there were contingent creditors not bound by the CVA. Judges: Pelling QC J Citations: [2008] EWHC 1888 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 19 July 2022; Ref: scu.276710

Minmar (929) Ltd and Another v Khalatschi and Another: ChD 8 Apr 2011

Application was made to set aside the appointment of the company’s administrators. Judges: Sir Andrew Morritt Ch Citations: [2011] EWHC 1159 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – In re Care Matters Partnership Ltd ChD 7-Oct-2011 An application was made for the appointment of administrators with retrospective … Continue reading Minmar (929) Ltd and Another v Khalatschi and Another: ChD 8 Apr 2011

In Re Lee (A Bankrupt): ChD 24 Feb 1998

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. Citations: Times 24-Feb-1998, Gazette 08-Apr-1998 Statutes: Insolvency Act 1986 320 Jurisdiction: England and Wales … Continue reading In Re Lee (A Bankrupt): ChD 24 Feb 1998

In Re M (A Debtor) (488-Io of 1996): ChD 10 Feb 1999

A wife who had an order for ancillary relief in her favour, but whose husband entered into an Individual Voluntary Arrangement, was obliged to accept the allotted dividend, but her special position under the Act was also to be acknowledged. She had the choice of awaiting discharge from the IVA first. Citations: Gazette 03-Mar-1999, Times … Continue reading In Re M (A Debtor) (488-Io of 1996): ChD 10 Feb 1999

In Re Market Wizard Systems (UK) Ltd: ChD 31 Jul 1998

A computer giving advice of share sale holding and selling positions was giving advice regulatable under the Financial Services Act, and the company selling the software committed the offence when the software was sold even though ‘advice’ was much later. Citations: Gazette 03-Sep-1998, Times 31-Jul-1998 Statutes: Financial Services Act 1986 Sch 1 Para 15, Insolvency … Continue reading In Re Market Wizard Systems (UK) Ltd: ChD 31 Jul 1998

Akers and Others v Samba Financial Group: ChD 28 Feb 2014

Samba sought a stay of insolvency proceedings. Shares in a Saudi company were held in trust by a company registered in Cayman. Upon that company going into liquidation, the shares were transferred to the defendant, who now argued that since Saudi law would not recognise such a trust, and the trust being invalid, the action … Continue reading Akers and Others v Samba Financial Group: ChD 28 Feb 2014

In Re Ryatt: ChD 4 May 1998

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. Citations: Times 04-May-1998, Gazette 20-May-1998 Statutes: Insolvency Act 1986 310 Jurisdiction: England and Wales Insolvency Updated: 18 July 2022; Ref: scu.82154

In Re Dicksmith (Manufacturing) Ltd (In Liquidation): ChD 7 Jul 1999

The power of a liquidator in voluntary liquidation proceedings, to apply to the court to be allowed to exercise powers normally reserved to a liquidator appointed by the court, extended beyond matters such as litigation to protect assets and ensure pari passu distribution among creditors. The power could also be used to allow an application … Continue reading In Re Dicksmith (Manufacturing) Ltd (In Liquidation): ChD 7 Jul 1999

Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989

First Independent Factors and Finance Ltd v Mountford: ChD 23 Apr 2008

The claimant factors sought to attach personal liability to the debts of the company to the defendant director saying that he was in breach of section 216. Judges: Lewison J Citations: [2008] EWHC 835 (Ch) Links: Bailii Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Company, Insolvency Updated: 14 July 2022; Ref: scu.267061

HM Revenue and Customs v Holland and Another: ChD 24 Jun 2008

The Revenue sought to recover from the defendant substantial sums in respect of allegedly unlawful dividends paid from an insolvent company. They said that the defendant and his wife were de facto directors. Held: Claims agains the second defendant were dismissed. Claims for early periods were rejected under section 727 of the 1985 Act, but … Continue reading HM Revenue and Customs v Holland and Another: ChD 24 Jun 2008

Harlow District Council v Hall: CA 28 Feb 2006

The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006

Thorniley and Another v HM Revenue and Customs and Another: ChD 5 Feb 2008

The court was asked whether the prescribed parts of the company’s net property (as defined in s.176A (6)) is available to satisfy any part of the debts due to a creditor which are secured by a floating charge in that creditor’s favour but cannot be paid out of the realisation of the net property due … Continue reading Thorniley and Another v HM Revenue and Customs and Another: ChD 5 Feb 2008

Lehman Brothers Australia Ltd v Lomas and Others: ChD 24 Oct 2018

‘The issue raised by this application is as to the ambit of (1) the Court’s jurisdiction to prevent unfair harm pursuant to paragraph 74 of Schedule B1 to the Insolvency Act 1986 (‘the Act’) and (2) the rule in Ex Parte James’ Citations: [2018] EWHC 2783 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: … Continue reading Lehman Brothers Australia Ltd v Lomas and Others: ChD 24 Oct 2018

Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

The claimant appealed refusal to set aside a statutory demand made by the respondent society. The proposed defence had been already been dismissed by the courts. Held: Such a consideration was very relevant, but not necessarily determinative. The debtor was obliged to proceed quickly, and could not delay his application. He had to demonstrate a … Continue reading Thomas-Everard and Others v Society of Lloyd’s: ChD 18 Jul 2003

Practice Statement (Administration order: Reports): ChD 15 Apr 2002

The statement was issued as a gloss on the 1994 practice statement. A party wishing to restrict access to all or any part of an independent report prepared in support of an application for an administration order must be ready to support their application with proper reasons. Each application must be dealt with on its … Continue reading Practice Statement (Administration order: Reports): ChD 15 Apr 2002

Trident International Limited v Barlow: ChD 27 Feb 1998

Judges: Eben Hamilton QC Citations: [1998] 2 BCLC 164 Statutes: Insolvency Act 1986 11(3)(c) Jurisdiction: England and Wales Cited by: Appeal from – Trident International Limited v Barlow; Hughes and Goodman (the Joint Administrators of Hamley Plc and Jeffrey (Rogers) Imports Limited CA 30-Jul-1999 A contractual possessory lien, coupled with a right to sell and … Continue reading Trident International Limited v Barlow: ChD 27 Feb 1998

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 discharge. The bankrupt appealed. Held: The court had power to make such an order. The court had seen strong prima facie evidence that the bankrupt had failed in his obligation to co-operate with the receiver. The failure … Continue reading Bagnall QC v the Official Receiver: ChD 18 Jun 2003

Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

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. Citations: Times 29-Dec-1998 Statutes: Insolvency Act 1986 262(4)(b) Jurisdiction: England and Wales Insolvency Updated: 17 June 2022; … Continue reading Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

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 … Continue reading Commissioners of Inland Revenue v The Wimbledon Football Club Limited, Ellis, Earp: CA 28 May 2004

Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

(Orse In re Pantmaenog Timber Co Ltd)The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings. Held: The appeal succeeded. The Act had explicitly given the requisite powers to the receiver whether or not he was the liquidator. Nor was the purpose of the use restricted. … Continue reading Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions: HL 31 Jul 2003

XYZ v HM Revenue and Customs and Another: ChD 18 Jun 2010

Application by the liquidator of ABC Limited (‘ABC’) under section 236 of the Insolvency Act 1986 for the disclosure by H.M. Revenue and Customs of information obtained from the prosecution authorities of the Netherlands under an International Letter of Request which sought mutual assistance in accordance with the relevant conventions relating to criminal matters. Judges: … Continue reading XYZ v HM Revenue and Customs and Another: ChD 18 Jun 2010

Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie: HL 18 Jan 2001

The company sold its business to the respondent for one pound, but the respondent agreed to sublease computer equipment for an amount equivalent to the value of the company. The company defaulted, and the computer equipment was recovered. The respondent refused to pay under the sub-lease. The trustee of the company in liquidation sought to … Continue reading Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie: HL 18 Jan 2001

Halabi v London Borough of Camden: ChD 14 Feb 2008

Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had sufficient equity in her property (over andpound;70k) to borrow sufficient to discharge her debt. Held: The … Continue reading Halabi v London Borough of Camden: ChD 14 Feb 2008

Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012

four applications by the applicants, who are landlords of four properties that were let to companies that are now all in administration, by which applications the applicants apply for a. permission under Paragraph 43 of Schedule B1 to the Insolvency Act 1986 (‘IA’) to forfeit the leases of the properties; and b. a direction under … Continue reading Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012

Bank of Ireland v Hollicourt (Contracts) Limited: CA 20 Oct 2000

A bank continued to pay on cheques presented to it against the company’s bank account even after the presentation of a petition for bankruptcy. The liquidator sought recovery of the amounts paid from the bank as well as the payees. It was held that the legislation made the disposition void, but that did not operate … Continue reading Bank of Ireland v Hollicourt (Contracts) Limited: CA 20 Oct 2000

Official Receiver As Liquidator of Celtic Extraction Ltd and Bluestone Chemicals Ltd v Environmental Agency: CA 14 Jul 1999

A waste management licence is ‘property’ for the purposes of the Act. Citations: [1999] EWCA Civ 1835, [2001] Ch 475 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005 The parties had engaged in a bitter 95 day trial in which … Continue reading Official Receiver As Liquidator of Celtic Extraction Ltd and Bluestone Chemicals Ltd v Environmental Agency: CA 14 Jul 1999

Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known … Continue reading Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Lloyd v McMahon: HL 12 Mar 1987

The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987

In Re A Debtor No 638-Io-1994: ChD 3 Dec 1998

A modification to an Individual Voluntary Arrangement made under a clause of the arrangement allowing variations and which variations could have been included in the original deed was valid. Citations: Times 03-Dec-1998 Statutes: Insolvency Act 1986 263 (4) Jurisdiction: England and Wales Insolvency Updated: 19 May 2022; Ref: scu.81674

Jacobs v Official Receiver; In re Jacobs (a bankrupt): ChD 3 Apr 1998

The bankrupt was due to have his automatic discharge, but the Official Receiver applied on the day before for the discharge for an interim suspension of the discharge to allow consideration of his alleged lack of co-operation. The bankrupt said the court had no power to make such an order. The Official receiver had served … Continue reading Jacobs v Official Receiver; In re Jacobs (a bankrupt): ChD 3 Apr 1998

A and J Fabrications (Batley) Ltd v Grant Thornton and Others: ChD 1998

The plaintiffs, the majority creditors of a company in liquidation, alleged that they had agreed with Grant Thornton, the defendants, to support the appointment of one of the firm’s partners or employees as liquidator of the company, with a view to investigating the conduct of the directors, and to pay Grant Thornton’s fees up to … Continue reading A and J Fabrications (Batley) Ltd v Grant Thornton and Others: ChD 1998

Sea Voyager Maritime Inc and Others v Bielecki trading as Hughes Hooker and Co: ChD 23 Oct 1998

The creditor alleged a right to recover against the estate citing an unfair prejudice from the IVA. Held: He had been unfairly prejudiced. The IVA precluded him, like all the other unsecured creditors, from suing the debtor for the full amount of his claim Where a claim in a debtor’s estate was in respect of … Continue reading Sea Voyager Maritime Inc and Others v Bielecki trading as Hughes Hooker and Co: ChD 23 Oct 1998

In re a Company (Bond Jewellers): ChD 21 Dec 1983

A tenant company had a propensity for postponing payment of its debts until threatened with litigation. Nourse J felt unable to make an order under section 223(d), and considered, but ultimately did not make an order, on the ‘just and equitable’ ground in section 222(f). The phrase ‘as they fall due’, although not part of … Continue reading In re a Company (Bond Jewellers): ChD 21 Dec 1983

Re A Debtor (No.488 IO of 1996), JP v A Debtor: ChD 1999

The debtor had been ordered to pay his wife a sum by way of ancillary relief in matrimonial proceedings. He then proposed an IVA, which was approved at a creditors meeting. W had notice but did not attend. She along with all other creditors was to receive a part payment in full and final settlement. … Continue reading Re A Debtor (No.488 IO of 1996), JP v A Debtor: ChD 1999

Re A Debtor (No 87 of 1993): ChD 10 Jul 1995

Affidavits including hearsay were inadmissible on a challenge to voluntary arrangement. The proceedings were for a final order. Citations: Times 19-Jul-1995, Ind Summary 10-Jul-1995 Statutes: Insolvency Act 1986 262(1)(b) Jurisdiction: England and Wales Insolvency Updated: 11 May 2022; Ref: scu.85697

England v Smith: CA 8 Dec 1999

A liquidator of an Australian company sought damages from a ‘world-wide’ company Arthur Andersen’ and sought in particular to examine a partner in the UK. Examination was at first refused since an English court would not make a similar order. That erred in taking a restrictive view of English insolvency practice. ‘Insolvency Law’ did not … Continue reading England v Smith: CA 8 Dec 1999

Liquidators of Grampian Maclennan’s Distribution Services Ltd Reclaiming Motion By, v Carnbroe Estates Ltd: SCS 23 Jan 2018

First Division, Inner House, Court of Session – allegation of sale at an undervalue. The liquidator appealed a finding that as a speedy sale was required the sale price was proper. Held: The reclaiming notice was allowed. The sale of the company’s main place of business would not lead to a recovery. A person, once … Continue reading Liquidators of Grampian Maclennan’s Distribution Services Ltd Reclaiming Motion By, v Carnbroe Estates Ltd: SCS 23 Jan 2018

Macdonald and Others v Carnbroe Estates Ltd: SCS 18 Jan 2017

(Outer House) Allegation of sale at an undervalue – Carnbroe had established that the sale of the Property was made for adequate consideration. Lord Woolman recorded the submission which counsel made on behalf of Carnbroe that Grampian was fighting for its survival and that Mr Quinn had to make a quick decision. He continued: ‘While … Continue reading Macdonald and Others v Carnbroe Estates Ltd: SCS 18 Jan 2017

Re Bishopsgate Investment Management Ltd: CA 8 Apr 1993

Serious Fraud Office can still require production of Insolvency Act 1986 interviews taken before charge from the liquidator even after he has been charged.. Citations: Times 27-Apr-1993, Independent 08-Apr-1993 Statutes: Criminal Justice Act 1987 2, Insolvency Act 1986 236 Jurisdiction: England and Wales Criminal Practice, Insolvency Updated: 05 May 2022; Ref: scu.85729

Baxendale-Walker v Irwin Mitchell Llp and Others 3572: ChD 20 Dec 2018

Judges: Deputy Insolvency and Companies Court Judge Agnello QC Citations: [2018] EWHC 3572 (Ch) Links: Bailii Statutes: Insolvency Act 1986 303 Jurisdiction: England and Wales Cited by: See Also – Baxendale-Walker v Irwin Mitchell Llp and Others 3423 ChD 20-Dec-2018 Judgment in application by fifth defendant for a limited civil restraint order. . . Lists … Continue reading Baxendale-Walker v Irwin Mitchell Llp and Others 3572: ChD 20 Dec 2018

In re Seagull Manufacturing Co Ltd: ChD 1992

The court considered the power of an English court over a foreign resident under section 133. Held: In contrast with the private examination provisions, on its true construction section 133 applies to those who are within the class of persons specified in subsection (1), namely those who have voluntarily participated in the affairs of the … Continue reading In re Seagull Manufacturing Co Ltd: ChD 1992

Roberts Petroleum Ltd v Bernard Kenny Ltd: HL 2 Jan 1983

The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against that order being made absolute, saying that this gave the plaintiff an unfair advantage in the winding up. The defendant appealed against the re-instatement of … Continue reading Roberts Petroleum Ltd v Bernard Kenny Ltd: HL 2 Jan 1983

Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

A Company and its Directors are not same paersons Mr Salomon had incorporated his long standing personal business of shoe manufacture into a limited company. He held nearly all the shares, and had received debentures on the transfer into the company of his former business. The business failed, and a subsequent debenture holder now said … Continue reading Salomon v A Salomon and Company Ltd: HL 16 Nov 1896

In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013

This application raises issues concerning the relationship between the Data Protection Act 1998 and the winding-up of insolvent companies and the duties of liquidators. Held: The Joint Liquidators of a company did not take on the duties of a data controller as regards data held by the company before entering into liquidation Judges: David Richards … Continue reading In re Southern Pacific Personal Loans Ltd: ChD 8 Aug 2013

Milne, Liquidator of Premier Housewares (Scotland) Llp v Rashid: SCS 14 Mar 2018

The noter sought an order under section 214A of the 1986 Act for recovery of sums withdrawn by the respondent from the LLP in the two year period before the granting of the winding up order. Citations: [2018] ScotCS CSOH – 23 Links: Bailii Statutes: Insolvency Act 1986 214A Jurisdiction: Scotland Insolvency Updated: 14 April … Continue reading Milne, Liquidator of Premier Housewares (Scotland) Llp v Rashid: SCS 14 Mar 2018

Gaardsoe v Optimal Wealth Management: ChD 28 Feb 2012

The claimant sought leave to bring proceedings for professional negligence. As a footballer he had been injured, ending his career. He said that the defendant had been engaged, inter alia, to arrange insurance, but that they had failed to do so. The defendant company was in administration. Judges: John Martin QC Citations: [2012] EWHC 3266 … Continue reading Gaardsoe v Optimal Wealth Management: ChD 28 Feb 2012

In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993

The court has jurisdiction to order the public examination of a company director in in a compulsory liquidation about the affairs of the company, even though he might not be within the jurisdiction. The court found no reasons of comity which would prevent those who voluntarily were officers or otherwise participated in the formation or … Continue reading In Re Seagull Manufacturing Co Ltd (In Liquidation); Tucker: CA 22 Feb 1993

Moore v Piretta Pta Ltd: QBD 11 May 1998

M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the principal continued to derive benefit. Held: The agency contract was to be interpreted to … Continue reading Moore v Piretta Pta Ltd: QBD 11 May 1998

Kilvert v Flackett: ChD 3 Aug 1998

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. Citations: Times 03-Aug-1998 Statutes: Insolvency Act 1986 310(7) Jurisdiction: England and Wales Insolvency Updated: 09 April 2022; Ref: scu.82775

In Re Powerstore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 18 Jun 1997

A court has no jurisdiction to make an order which seeks to bind future decisions of future liquidator in favour of group of creditors. Judges: Mr Justice Lightman Citations: Gazette 18-Jun-1997, [1997] 1 WLR 1280 Statutes: Insolvency Act 1986 18(3) 14(3) Jurisdiction: England and Wales Cited by: Cited – In re Luna Metal Products Ltd … Continue reading In Re Powerstore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 18 Jun 1997

Officeserve Technologies Ltd and Another v Anthony-Mike: ChD 28 Jul 2017

Judgment on certain preliminary issues Judges: Paul Matthews HHJ Citations: [2017] EWHC 1920 (Ch) Links: Bailii Statutes: Insolvency Act 1986 8127 Jurisdiction: England and Wales Citing: Cited – Hanak v Green CA 1958 A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that … Continue reading Officeserve Technologies Ltd and Another v Anthony-Mike: ChD 28 Jul 2017

Formosa Plastics Corporation USA v Chauhan and others: CA 6 Apr 1998

The defendant sought a second adjournment of his application for leave to appeal against summary judgment for $21m with interest in respect of a judgment obtained in Texas. The defendant was said to have given his personal guarantee for the purchase price of goods sold and delivered. Held: The request was rejected. Counsel for the … Continue reading Formosa Plastics Corporation USA v Chauhan and others: CA 6 Apr 1998

Re A Debtor (No 68 of 1992): ChD 1 Mar 1993

Date on which ‘grounds’ must exist for annulment of order. A bankrupt applying to annul an order must establish the grounds for annulment not at the date of the hearing of that application, but rather at the date when the order itself was made. Citations: Ind Summary 01-Mar-1993 Statutes: Insolvency Act 1986 282(1) Jurisdiction: England … Continue reading Re A Debtor (No 68 of 1992): ChD 1 Mar 1993

HM Revenue and Customs v Ariel: ChD 8 Jul 2016

The trustee in bankruptcy appealed against an order as to compliance with statutory notices issued by HMRC. The trustee argued that all but one of the orders was made in excess of jurisdiction. Mann J [2016] EWHC 1674 (Ch) Bailii Insolvency Act 1986 303, Finance Act 2008 Sch 36 England and Wales Insolvency, Taxes Management … Continue reading HM Revenue and Customs v Ariel: ChD 8 Jul 2016

Re Paramount Airways Ltd (In Administration): CA 8 Apr 1992

It was said that there had been a transction at an undervalue within section 238. It was given effect by a transfer to a bank in Jersey, from which recovery was no sought. The bank claimed that the section did not have extra-territorial effect. Held: The argument failed; the section did not purport to have … Continue reading Re Paramount Airways Ltd (In Administration): CA 8 Apr 1992

Re Sigma Finance Corp: CA 25 Nov 2008

[2008] EWCA Civ 1303, [2009] BCC 393 Bailii Insolvency Act 1986 England and Wales Citing: Cited – Sigma Finance Corporation, Re Insolvency Act 1986 ChD 7-Nov-2008 . . Cited by: Appeal From – Sigma Finance Corporation, Re; (in administrative receivership) SC 29-Oct-2009 The court considered how the losses of the insolvent company were to be … Continue reading Re Sigma Finance Corp: CA 25 Nov 2008

A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008

The Funding Corporation Block Discounting Ltd v Lexi Holdings Plc: ChD 8 May 2008

The claimant sought a particular interest in the proceeds of sale of assets in the insolvent company, saying that they held equitable charges over the properties. Briggs J [2008] EWHC 985 (Ch), [2008] 2 BCLC 596, [2008] NPC 57 Bailii Insolvency Act 1986 43(6)(b) England and Wales Insolvency Updated: 06 December 2021; Ref: scu.267559

Re International Tin Council: ChD 1987

An order for the winding up of a foreign company operates universally, applies to all the foreign company’s assets and brings into play the full panoply of powers and duties under the Insolvency Act 1986 like any other winding up order. Millett J said: ‘The statutory trusts extend to [foreign] assets, and so does the … Continue reading Re International Tin Council: ChD 1987

Maclaine Watson and Co Ltd v International Tin Council: ChD 1987

Millett J said: ‘The ITC contend there is no jurisdiction to make such an order [an order for discovery of assets] in the absence of a Mareva injunction. It is, however, fallacious to reason from the fact that an order for discovery can be made as ancillary to a Mareva injunction to a conclusion that … Continue reading Maclaine Watson and Co Ltd v International Tin Council: ChD 1987

Secretary of State for Trade and Industry v Hall and Nuttall: ChD 28 Jul 2006

The Secretary sought disqualification of the defendants. The second defendant had not been a director of the company, but director of another company which in turn held a directorship in the defaulting company. Held: The claim failed: ‘i) As I have already pointed out the purposes of section 6 of the CDDA and section 214 … Continue reading Secretary of State for Trade and Industry v Hall and Nuttall: ChD 28 Jul 2006

Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008

Nothing in the 2003 changes to the 1986 Act operated so that a trustee in bankruptcy who sold an interest of the bankrupt for a deferred payment had not realised the interest. Accordingly, on the bankrupt’s release, that interest had been assigned out of the bankrupt’s estate and did not revert to him. Proudman J … Continue reading Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008

The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008

The claimant requested the revocation of a grant of probate to the defendant. They had suspicions about the will propounded and lodged a caveat which was warned off and the grant completed. In breach of court orders, the defendant had transferred substantial estate assets abroad. The defendant said that the burden of proving that the … Continue reading The Solicitor for the Affairs of HM Treasury v Doveton and Another: ChD 13 Nov 2008

Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018

IVA is a special form of contract Liquidators asked the court whether sums sought by the insolvent company’s landlords were payable and or provable. Under an IVA, the copany had been paying reduced rents, but the arrangement document provided that the full rents would be restored on its cessation. The liquidators challenged the clause as … Continue reading Wright and Another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd: ChD 6 Mar 2018