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
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
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
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
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
‘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
Appeal against order setting aside transaction as falling foul of section 423(1) of the 1986 Act. Judges: Lord Neuberger MR, Carnwath, Sullivan LJJ Citations: [2010] EWCA Civ 1455, [2011] BPIR 39 Links: Bailii Statutes: Insolvency Act 1986 423(1) Jurisdiction: England and Wales Insolvency Updated: 31 August 2022; Ref: scu.427361
Judges: Mr Justice Collins Citations: [2004] EWHC 932 (Ch), [2004] 2 All ER 911, [2004] BCC 401, 2004] 2 BCLC 550, [2004] 1 WLR 2654 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 29 August 2022; Ref: scu.196062
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
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
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
Judges: Kitchin J Citations: [2009] EWHC 3510 (Ch), [2010] BCC 674 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: See Also – Singla v Hedman and Others ChD 28-Apr-2010 The claimant sought an order for wrongful trading against the former directors of a company in liquidation, and to set aside agreements … Continue reading Singla v Hedman and Others: ChD 27 Nov 2009
The company had collected savings from consumers toward ‘christmas packs’. It went into liquidation. The revenue asserted claims for unsecured creditors saying that no trust had been created in favour of the savers. Held: No Quistclose type trust was created on payment to the company’s agent. The court considered the classes of creditors and the … Continue reading Power and Another v HM Revenue and Customs and Another: ChD 23 Oct 2009
Question as to application of recovered sums first to debenture holders Citations: [2009] EWHC 1961 (Ch), [2010] BCC 358 Links: Bailii Statutes: Insolvency Act 1986 35 Jurisdiction: England and Wales Insolvency Updated: 24 August 2022; Ref: scu.424105
Appeal by liquidator against refusal of an order for production of documents by the liquidated company’s auditors. Judges: Kitchin J Citations: [2005] EWHC 2413 (Ch) Links: Bailii Statutes: Insolvency Act 1986 236 Jurisdiction: England and Wales Insolvency Updated: 24 August 2022; Ref: scu.542494
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
Judges: Lewison J Citations: [2008] EWHC B11 (Ch), [2009] BCC 155 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 22 August 2022; Ref: scu.401875
Application for permission to appeal against judgment against director for breach of duty. Judges: Arden LJ Citations: [2005] EWCA Civ 993 Links: Bailii Statutes: Insolvency Act 1986 212 Jurisdiction: England and Wales Insolvency Updated: 22 August 2022; Ref: scu.245868
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
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
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
The defendant sought permission to appeal against the order made on the application for his bankruptcy, saying that he wished to bring new evidence. He said that he had offered sufficient security for the debt and the court should adjourn the petition pending the sale of assets. Judges: Proudman J Citations: [2010] EWHC 1384 (Ch) … Continue reading Scottish and Newcastle Ltd v Raguz: ChD 10 Jun 2010
Citations: [2009] EWHC 1632 (Ch), [2010] BCC 143 Links: Bailii Statutes: Insolvency Act 1986 214 Jurisdiction: England and Wales Insolvency Updated: 19 August 2022; Ref: scu.416198
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
Approval of proposed sale of business Judges: Jonathan Hilliard QC Sitting as a Deputy Judge of the High Court Citations: [2022] EWHC 2097 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 18 August 2022; Ref: scu.680254
The court was asked as to the set-off, in a company administration, of future debts owed by the company to its creditors and by those creditors to the company, and whether the effect of those provisions was that, after the future debts were discounted to a present value for the purpose of set-off, leaving a … Continue reading In re Kaupthing Singer and Friedlander Ltd: CA 11 May 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
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
Judges: Blair J Citations: [2010] EWHC 316 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: Binding – In re SSSL Realisations (2002) Ltd and Another; Squires and others v AIG Europe (UK) Ltd and Another CA 18-Jan-2006 A creditor claiming an equity in a debt but who himself owed money to … Continue reading Re Kaupthing Singer and Friedlander Ltd: ChD 19 Feb 2010
Application by the joint administrators of LSF for directions arising out of loan agreements made or acquired by LSF before the administration began, under which secured loans were made to consumers but which were unenforceable because they contravened provisions of the Consumer Credit Act 1974. Held: The phrase ‘realisation of the security’ in section 106, … Continue reading Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013
‘The administrators of 14 companies in the Lehman Brothers group apply for directions as to the potential liabilities of those companies to make payments to or for the benefit of the Lehman Brothers Pension Scheme (the scheme) established principally for the benefit of persons employed by Lehman Brothers Limited (LBL) but seconded to work for … Continue reading Re Storm Funding Ltd: ChD 18 Dec 2013
The Revenue appealed against the recission of a bankruptcy order made on its request against the debtor taxpayer. Citations: [2008] EWHC 3180 (Ch) Links: Bailii Statutes: Insolvency Act 1986 375(1) Jurisdiction: England and Wales Insolvency Updated: 13 August 2022; Ref: scu.396462
Judges: Jonathan Hilliard QC Sitting as a Deputy Judge of the High Court Citations: [2022] EWHC 2074 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 13 August 2022; Ref: scu.679838
Judges: Judge Jonathan Richards Citations: [2021] EWHC 220 (Ch) Links: Bailii Statutes: Insolvency Act 1986 339 423 Jurisdiction: England and Wales Insolvency Updated: 09 August 2022; Ref: scu.658054
Application to rescind the order for the compulsory winding up of Sarjanda Ltd Judges: HHJ David Cooke Citations: [2021] EWHC 210 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 09 August 2022; Ref: scu.658131
The Court was asked as to an assignment to a creditor of all rights to and choses in action relating to or in any way arising out of or in connection with an action against a secured creditor. The rights purportedly assigned included the right to assert that certain dispositions of the company’s property after … Continue reading In re Ayala Holdings Ltd (No 2): ChD 1996
Application by joint administrators for their own discharge. Judges: Snowden J Citations: [2019] EWHC 2447 (Ch) Links: Bailii Statutes: Insolvency act 1986 Jurisdiction: England and Wales Insolvency Updated: 08 August 2022; Ref: scu.641413
Applications for directions by the administrators of twenty companies in two groups, all raising the same common questions as to the effect of the Financial Support Direction regime created by the Pensions Act 2004 upon companies in administration or insolvent liquidation.Briggs J said that Lord Hoffmann’s speech in Toshoku established as ‘a general rule’ that: … Continue reading Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010
In some cases the appointment of a provisional liquidator of an insolvent company may be justified because of his ability to investigate possible claims against directors for fraudulent or wrongful trading. Judges: Lloyd J Citations: [1998] EWHC 1203 (Comm), [1999] 1 BCLC 271 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: … Continue reading Stocznia Gdanska Sa v Latreefers Inc: ComC 21 Dec 1998
The Court was asked as to the validity of the assignment by a liquidator to a litigation funder of the benefit of a wrongful trading claim against the directors of the company under section 214 of the IA 1986. The directors sought to stay the claim on the basis that the liquidator had no power … Continue reading Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: CA 9 Oct 1996
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
The court discussed the the receipt and acceptance of a letter of request: ‘The scheme of subsection (5) appears to me to be this. The first step is to identify the matters specified in the request. Secondly, the domestic court should ask itself what would be the relevant insolvency law applicable by the domestic court … Continue reading Re Dallhold Estates (UK) Pty Ltd: ChD 1992
Application for a declaration that certain book debts of the Company were appropriated by the Respondents and that they are entitled to appropriate relief. Judges: Bernard Livesey QC Citations: [2005] EWHC 1731 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 06 August 2022; Ref: scu.542493
A claim was made in respect of personal injuries sustained by a passenger when a tram ran out of control. The Company was in insolvent liquidation. A claim for the same amount for the same injuries could be made in contract or in tort. Held: The unliquidated claim in contract was provable, but not the … Continue reading Re Great Orme Tramways Co: 1934
The cliamant appealed against an order setting aside summary judgment. Judges: Etherton, Sullivan LJJ Citations: [2009] EWCA Civ 1182 Links: Bailii Statutes: Insolvency Act 1986 285 Jurisdiction: England and Wales Litigation Practice, Insolvency Updated: 05 August 2022; Ref: scu.377818
Citations: [2009] EWHC 2837 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 05 August 2022; Ref: scu.377852
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
Judges: Norris J Citations: [2009] EWHC 2308 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Appeal From – In re Kaupthing Singer and Friedlander Ltd CA 11-May-2010 The court was asked as to the set-off, in a company administration, of future debts owed by the company to its creditors and … Continue reading In re Kaupthing Singer and Friedlander Ltd: ChD 2 Oct 2009
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
Where A and B each have claims against each other and A is insolvent, the common amount is set off, and the net difference remains as a debt due. Hoffmann L said: ‘It is a matter of common occurrence for an individual to become insolvent while attempting to pursue a claim against someone else. In … Continue reading Stein v Blake: HL 18 May 1995
Judges: Peter Smith J Citations: [2009] EWHC 1633 (Ch), [2010] 1 BCLC 673 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Appeal from – Brazzill and Others v Willoughby and Others CA 27-May-2010 The regulated bank Kaupthing Singer and Friedlander Ltd (KSF) was in financial difficulties. The Bank of England required … Continue reading Brazzill and Others v Willoughby and Others: ChD 10 Jul 2009
Citations: [2008] EWCA Civ 1321, [2008] NPC 129, [2009] BCC 164, [2009] 1 BCLC 145 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – Innovate Logistics Ltd v Sunberry Properties Ltd (Orders) CA 18-Nov-2008 . . Lists of cited by and citing cases may be incomplete. Landlord and Tenant, Insolvency … Continue reading Innovate Logistics Ltd v Sunberry Properties Ltd: CA 18 Nov 2008
Judges: Arden LJ Citations: [2009] EWCA Civ 636 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: Appeal from – Golden Key Ltd (in receivership) ChD 4-Feb-2009 . . Cited by: Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011 Commercial Sense Used to Interpret Contract The Court was asked … Continue reading Golden Key Ltd (In receivership): CA 30 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
Request to strike out as an abuse of process an action under section 212. Citations: [2006] EWHC 2134 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 Jurisdiction: England and Wales Insolvency Updated: 28 July 2022; Ref: scu.263667
Judges: ICC Judge Barber Citations: [2021] EWHC 142 (Ch) Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Insolvency Updated: 28 July 2022; Ref: scu.657729
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.’ Judges: Patten J … Continue reading AES Barry Ltd v Txu Europe Energy Trading: ChD 15 Jul 2004
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
The ordinary procedure of an insolvency involves two-stage, a statutory demand followed by a bankruptcy petition. The service of a ‘statutory demand’ in the prescribed form is simply one means of establishing ‘inability to pay’. The procedure is intended to be brief, and is aimed at establishing an inability to pay and no more. It … Continue reading Re a Debtor: ChD 1994
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007
The insolvency practitioner held many appointments. His partnership in a large firm of accountants ended suddenly. He did not have the resources to handle the cases, and nor could acceptable arrangements be made for him to have access to the related files within the firm. An application was made by another partner in the firm … Continue reading In Re Sutton (Removal of Liquidator): ChD 17 Oct 1997
Appeal against rejection of proof in insolvency proceedings for arrears of rent. Judges: Behrens J Citations: [2011] EWHC 1129 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 25 July 2022; Ref: scu.434922
An expectation of a criminal injuries award is not property for bankruptcy proceedings. Citations: Times 08-Dec-1995 Statutes: Insolvency Act 1986 306-1 Jurisdiction: England and Wales Insolvency Updated: 25 July 2022; Ref: scu.81632
A voluntary winding up is deemed to take place when the resolution for it was passed. The practice of passing such a resolution to take effect only upon the revocation of an administration order was ineffective. The correct way was for an order regarding the administration to be made but held pending notification of the … Continue reading In Re Norditrack (UK) Ltd: ChD 11 Nov 1999
The deceased had given a guarantee of the tenant’s covenant given by his company under a lease. The court was asked whether the obligations under the guarantee survived his death after he company was wound up. Held: Chadwick LJ explained the Hindcastle case: ‘Lord Nicholls explained in Hindcastle v. Barbara Attenborough why the former practice … Continue reading Basch v Stekel and Another: CA 25 Jul 2000
A Northern Ireland company can be wound up in England and Wales if its principal place of business had been in England and Wales. The company incorporated in Northern Ireland became insolvent. It sought to strike out the Secretary of State’s petition under 124A, and said it could not apply to a Northern Ireland Company. … Continue reading In Re A Company (No 007946 of 1993): ChD 18 Nov 1993
A creditor was bound by a voluntary arrangement if he knew of the meeting and was served properly. Citations: Times 25-Jul-1995 Statutes: Insolvency Act 1986 5(2)(b) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81642
Creditor not having had properly served on him a notice of the s257 meeting was not bound by an arrangement agreed at the meeting. Citations: Times 12-Nov-1993, Gazette 26-Jan-1994 Statutes: Insolvency Act 1986 257 260(2)(b) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81647
Where a school made teachers redundant because of insolvency, and gave notice to teachers to the end of the summer term, that was to include the summer holidays, and the pay until the end of the holidays was properly claimable against the school, and if necessary against the Secretary of State. The holiday related to … Continue reading In Re A Company (No 008174 of 1999): ChD 2 Nov 1999
A creditor was not obliged to take an offer of security where there was unsecured debt. Citations: Times 08-Dec-1993 Statutes: Insolvency Act 1986 268 Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81661
The giving false or misleading information to creditors at the meeting is ‘a Material Irregularity’ sufficient to have the result of the meeting set aside. Citations: Times 07-Aug-1995, Ind Summary 21-Aug-1995, Ind Summary 11-Sep-1995 Statutes: Insolvency Act 1986 262(4) 257 Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81668
An interim s252 order was not sufficient to justify a stay of a peaceable forfeiture; such a proceeding was not ‘other proceedings’ within the Act. Citations: Gazette 13-Jul-1995 Statutes: Insolvency Act 1986 252(2)(b) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81673
A court cannot conditionally set aside a statutory demand served on debtor by a creditor. Citations: Times 03-May-1994 Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81657
Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at … Continue reading In Re Banco Nacional De Cuba: ChD 7 Jun 2001
Application by the Trustees of the bankruptcy estate of Mr Djurbery for a search and seizure order pursuant to s.365 of the Insolvency Act 1986 Judges: Insolvency and Companies Court Judge Jones Citations: [2022] EWHC 1534 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.679125
The trustee in bankruptcy appealed against refusal of a declaration that a transfer of the bankrupt’s share in a house to his wife had been at an undervalue. Judges: Sales J Citations: [2011] EWHC 2047 (Ch), [2011] WTLR 1681, [2011] BPIR 1529 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: … Continue reading Claridge, Re The Trustee In Bankruptcy of: ChD 29 Jul 2011
Judges: Briggs J Citations: [2011] EWHC 2022 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 23 July 2022; Ref: scu.442448
Judges: Henderson J Citations: [2009] EWHC 1389 (Ch), [2009] Bus LR 1627, [2010] 1 Ch 63, [2009] 4 All ER 241, [2010] 2 WLR 311 Links: Bailii Statutes: Industrial and Provident Societies Act 1965, Insolvency Act 198672A(1) Jurisdiction: England and Wales Insolvency Updated: 23 July 2022; Ref: scu.347120
Outer House – Court of Session – Judges: Lord Hodge Citations: [2009] ScotCS CSOH – 50 Links: Bailii Statutes: Insolvency Act 1986 Citing: Cited – Equity and Law Life Assurance Society v Tritonia Ltd HL 1943 Viscount Simon LC said: ‘When an appeal is argued before the House of Lords, no one has any right … Continue reading HM Secretary of State for Business Enterprise and Regulatory Reform, Re Order To Wind Up UK Bankruptcy Ltd: SCS 31 Mar 2009
The court considered an application by the wife when, anticipating ancillary relief claims, the husband sought to have himself declared bankrupt, and she intervened to have the bankruptcy set aside. The husband now appealed. Held: Wilson LJ set out examples of the application to particular facts of the jurisdiction to reverse an error prior to … Continue reading Paulin v Paulin: CA 17 Mar 2009
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
Citations: [2018] EWHC 3161 (QB) Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Insolvency Updated: 23 July 2022; Ref: scu.630749
OR’s appeal from dismissal of order for income payments with an IPO. Judges: Warren J Citations: [2013] EWHC 4594 (Ch) Links: Bailii Statutes: Insolvency Act 1986 310 Jurisdiction: England and Wales Insolvency Updated: 23 July 2022; Ref: scu.522668
The court was asked to make a retrospective appointment of a company administrator. Held: Henderson J (in a reserved judgement) said that he shared Morgan J’s misgivings, but like him regarded the jurisdiction as a useful one and was prepared to follow the practice. Judges: Henderson J Citations: [2011] EWHC 1668 (Ch) Links: Bailii Statutes: … Continue reading In re Frontsouth (Witham) Ltd and Another: ChD 30 Jun 2011
Judges: Morgan J Citations: [2011] EWHC 1544 (Ch), [2011] ArbLR 34, [2011] BPIR 1524 Links: Bailii Statutes: Insolvency Act 1986 112 155 Jurisdiction: England and Wales Insolvency Updated: 22 July 2022; Ref: scu.441064
The court was asked whether the debts due to a former holder of a floating charge which, after the commencement of the liquidation of the company, releases its security, are ‘unsecured debts’ within section 176A. Judges: Roger Kaye QC J Citations: [2010] EWHC 2850 (Ch), [2011] BCC 93 Links: Bailii Statutes: Insolvency Act 1986 176A(2)(A) … Continue reading Kelly and Another v Inflexion Fund 2 Ltd and Another: ChD 11 Nov 2010
The applicant, a substantial creditor of the respondent sought the appointment of his agents as administrators. The respondent denied that it was insolvent, and claimed a set off as reason for non payment of its loan notes. Held: The claimant was a creditor, and the company was or was likely to become insolvent. However the … Continue reading Corbett v Nysir UK Ltd: ChD 31 Oct 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
The claimant solicitors sought the winding up of its defendant company client for non-payment of fees including fees not yet delivered. The court refused to hold that the practices developed in relation to winding up should be imported into administration. The court considered what was meant by ‘creditor’. Warren J said: ‘a person is a … Continue reading Hammonds (A Firm) v Pro-Fit USA Ltd: ChD 17 Aug 2007
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
Application to annul bankruptcy order – council tax liability orders. Judges: Mullen J ICC Citations: [2019] EWHC 1763 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a) Jurisdiction: England and Wales Insolvency Updated: 19 July 2022; Ref: scu.640071
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
Application by liquidators to be excused compliance with section 176A. Judges: Blackburne J Citations: [2008] EWHC 2339 (Ch) Links: Bailii Statutes: Insolvency Act 1986 176A(5) Jurisdiction: England and Wales Insolvency Updated: 19 July 2022; Ref: scu.276790
The Secretary of State sought the winding up of companies in the public interest. The companies operated a holiday club scheme. Citations: [2008] EWHC 1866 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Insolvency Updated: 19 July 2022; Ref: scu.276675
Citations: [2008] ScotCS CSOH – 133 Links: Bailii Statutes: Insolvency Act 1986 165 Scotland, Insolvency Updated: 19 July 2022; Ref: scu.276211
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
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
A landlord may exercise a right of peaceable re-entry without court action after his tenant company went into administration. It was not the enforcement of a security so as to be restricted by insolvency legislation. Citations: Times 04-May-1999, Gazette 26-May-1999 Statutes: Insolvency Act 1986 10(1) Jurisdiction: England and Wales Landlord and Tenant, Insolvency Updated: 19 … Continue reading In Re Lomax Leisure Ltd: ChD 4 May 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
