Search Results for: Insolvency Act 1986

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Enron Metals and Commodity Ltd (in Administration) v HIH Casualty and General Insurance Limited: ChD 10 Mar 2005

The claimant company sought leave whilst in administration to bring arbitration proceedings against the defendant insurers. Held: In exercising the discretion given by the section, the court had only to decide whether the claim was so bad that it would be a waste of resources to allow it to proceed to arbitration. It was the … Continue reading Enron Metals and Commodity Ltd (in Administration) v HIH Casualty and General Insurance Limited: ChD 10 Mar 2005

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

Feetum and Other v Levy and Others: ChD 5 Jan 2005

The applicants sought a declaration that the appointment of the defendants as administrative receivers of the company, a limited liability company, was precluded by the 1986 Act. Held: The administrator had been appointed under a debenture, but the section precluded such appointments by proprietors of a floating charge unless one of the exceptions specified arose, … Continue reading Feetum and Other v Levy and Others: ChD 5 Jan 2005

Re Camburn Petroleum Products Ltd: ChD 1979

The court heard a contributors’ petition. The directors were in deadlock with equal shareholdings. The petition was not making good progress, and a creditor’s petition was then issued. The shareholder sought a stay. Held: There was a sufficient allegation of insolvency in the petition, and it was right that the petition should be allowed to … Continue reading Re Camburn Petroleum Products Ltd: ChD 1979

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

Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003

The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003

In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

Where a company had gone into administration, it was not correct for a criminal prosecution under the Act to proceed without first getting the consent of the court or of the company’s administrator. Such proceedings constituted ‘other proceedings’ under the Insolvency Act. The divisional court was not bound by decisions of the Court of Session … Continue reading In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

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

In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006

The administrators held cash. They proposed a distribution giving creditors who would on a winding up be preferential, full preference. They appealed refusal by the court to sanction the proposal. Held: The court had no power to make such an order. From the cases there were three sources for the court’s power to sanction, or … Continue reading In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006

Re Mobigo Ltd: ChD 1 Jun 2022

Judges: ICC Judge Mullen Citations: [2022] EWHC 1349 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 Jurisdiction: England and Wales Insolvency Updated: 13 June 2022; Ref: scu.678299

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

Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Where a bankrupt wished to pursue an action held for him personally rather than his creditors. Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the trustee as a co-defendant and to commence the action under his own … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Digital Equipment Co Ltd and Others v Bower and Others: ChD 4 Dec 2003

The liquidators had lost their legal action, and had been ordered to pay the present claimants their costs. They sought payment out of an insolvency services account in competition with the solicitors for the liquidators. Held: An award of costs was not a payment of ‘expenses incurred in the winding up’ and therefore the court … Continue reading Digital Equipment Co Ltd and Others v Bower and Others: ChD 4 Dec 2003

Edwards, Drummond Smith v Flightline Limited: CA 5 Feb 2003

The applicant company obtained an injunction against another company. That freezing injunction was discharged upon the payment of a sum into the names of the respective parties’ solicitors. The company went into liquidation, and the claimant disputed ownership of the sum with the provisional liquidators. Held: The deposit of the sum was insufficient to create … Continue reading Edwards, Drummond Smith v Flightline Limited: CA 5 Feb 2003

Shierson and Another v Rastogi and Another: CA 9 Nov 2002

Company directors in an insolvent liquidation faced proceedings by the liquidators. They resisted providing additional evidence under examination by the liquidators. Held: The sections under the 1986 Act should be read together. Where a director faced serious charges, requiring him to provide evidence against himself would be oppressive. The existence of such proceedings must be … Continue reading Shierson and Another v Rastogi and Another: CA 9 Nov 2002

Buchler and Another v Talbot and others: CA 22 Feb 2002

The company’s assets were subject to a floating charge. That had crystallised. The liquidators, after a voluntary winding up, sought to make the assets remaining after repayment of the sums secured, available to pay the costs of the winding up. The trustees of the debenture sought to appeal a finding that the assets were so … Continue reading Buchler and Another v Talbot and others: CA 22 Feb 2002

Regina v Clive Louden Carass: CACD 19 Dec 2001

When a defendant was accused of an offence under the section, and wished to raise a defence under sub-section 4, the duty of proof placed on him by the sub-section amounted to a duty to bring sufficient evidence to raise the defence, and the section did not transfer the burden from the prosecution. Held: To … Continue reading Regina v Clive Louden Carass: CACD 19 Dec 2001

Morris v Banque Arab et Internationale D’Investissment SA (No 2): ChD 26 Oct 2000

For an order to be made under the section, and a contribution to the shortfall on insolvency made, it was necessary to show that the person against whom the order was sought had in some way participated in the fraudulent activity. It was not necessary to show that there had been any direct involvement in … Continue reading Morris v Banque Arab et Internationale D’Investissment SA (No 2): ChD 26 Oct 2000

National Westminster Bank plc v Jones and Others: CA 24 Oct 2001

The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained declarations that the charges remained valid and that the new tenancies and assignments should … Continue reading National Westminster Bank plc v Jones and Others: CA 24 Oct 2001

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

National Westminster Bank Plc v Jones and Others: ChD 7 Jul 2000

A transaction could be deemed to be at an undervalue and caught by the section even though it made no difference to the overall assets and even though only one rather than the generality of creditors was prejudiced by the transaction. Here, by creating a tenancy in favour of a limited company whose shares they … Continue reading National Westminster Bank Plc v Jones and Others: ChD 7 Jul 2000

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

Webster and Another v Mackay: ChD 19 Jul 2013

The claimants appealed from a refusal to annul their bankruptcies, saying that they should not ever have been made, because the petition debt was not a liquidated debt. The claimants said that the debt had been repudiated. Held: The appeal failed. A present right to future payment was not transformed into a claim for damages … Continue reading Webster and Another v Mackay: ChD 19 Jul 2013

In re Millenium Advanced Technology Ltd: ChD 2 Apr 2004

The company sought to have struck out as an abuse an application to have it would up on the just and equitable ground. The status of the authority as creditor was disputed. Held: A petition was properly presented only if the petioner bona fide pursued some interest arising from the issue which gave him standing … Continue reading In re Millenium Advanced Technology Ltd: ChD 2 Apr 2004

Pollard and Another v Ashurst: ChD 16 Mar 2000

Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his … Continue reading Pollard and Another v Ashurst: ChD 16 Mar 2000

Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

The claimant bank said that the court had had no jurisdiction to make the order it had on the respondent’s bankruptcy, saying that his ‘centre of activity’ had been Germany, and not England. Judges: Purle QC J Citations: [2012] EWHC 2432 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a), Council Regulation (EC) No 1346/2000 of … Continue reading Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

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

Patel v Jones: CA 24 May 2001

The defendant had been employed as a local government officer, and had accrued pension rights under the statutory scheme. He was made bankrupt, and later made redundant under circumstances triggering payment of the pension. The trustee claimed all or part of the pension. Held: He was entitled to the basic pension, pension lump sum, and … Continue reading Patel v Jones: CA 24 May 2001

Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

(Cayman Islands) The Board was asked whether a debtor or alleged debtor of a company in liquidation can apply for the removal of a liquidator, in whom the creditors and contributors of the company appear to have confidence, on the ground that he is subject to a conflict of interest. Held: A debtor does not … Continue reading Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999

Commissioners of Inland Revenue v Kahn and Another: CA 23 Mar 2000

Appeal against an order of Mr Justice Evans-Lombe on an application made pursuant to section 112(1) of the Insolvency Act 1986 by the joint liquidators of Toshoku Finance UK Plc (‘the Company’) for directions in relation to the discharge of an alleged liability to corporation tax on interest receivable after the commencement of the winding … Continue reading Commissioners of Inland Revenue v Kahn and Another: CA 23 Mar 2000

Mahomed and Another v Morris and Others: CA 17 Feb 2000

Citations: [2000] EWCA Civ 46 Links: Bailii Statutes: Insolvency Act 1986 168(5) Jurisdiction: England and Wales Citing: Cited – 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. … Continue reading Mahomed and Another v Morris and Others: CA 17 Feb 2000

Environment Agency v Paul Clark (As Administrator of Rhondda Waste Disposal Limited): CA 10 Feb 2000

A waste disposal company was in insolvent administration. The Environment Agency sought to prosecute it for breaches of criminal law relating to its licenses. Held: The bar on proceedings against a company in administration operated for criminal as well as civil proceedings. The section was intended to allow the company a breathing space. Nevertheless, a … Continue reading Environment Agency v Paul Clark (As Administrator of Rhondda Waste Disposal Limited): CA 10 Feb 2000

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

Re Tand N Ltd and Others: ChD 21 Oct 2004

Judges: Mr Justice Richards Citations: [2004] EWHC 2361 (Ch) Links: Bailii Statutes: Insolvency Act 1986 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 … Continue reading Re Tand N Ltd and Others: ChD 21 Oct 2004

Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006

The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006

Holder v The Law Society: Admn 26 Jul 2005

The applicant challenged the independence of the respondent’s disciplinary tribunal. Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The reasonable by-stander, properly informed of the facts, could not consider otherwise.’ The tribunal had properly considered all the evidence as to … Continue reading Holder v The Law Society: Admn 26 Jul 2005

National Westminster Bank Plc v Spectrum Plus Ltd and Others; In re Spectrum Plus Ltd (in liquidation): CA 12 Jul 2004

The High Court or the Court of Appeal should not follow a decision of the Privy Council in place of a decision of the House of Lords, unless the circumstances are quite exceptional and the court is satisfied that in practice the result would be a foregone conclusion Judges: Lord Phillips of Worth Matravers MR, … Continue reading National Westminster Bank Plc v Spectrum Plus Ltd and Others; In re Spectrum Plus Ltd (in liquidation): CA 12 Jul 2004

Stocznia Gdanska SA v Latreefers Inc; In re Latrefeers Inc; Stocznia Gdanska SA v Latvian Shipping Co and others (No 2): CA 15 Mar 2000

Possible claims against a foreign company for misfeasance, or wrongful or fraudulent trading might be sufficient to justify proceedings here to wind up a foreign registered company. A second requirement is that some person within this jurisdiction would be likely to achieve a substantial benefit from such an action, and third was that some person … Continue reading Stocznia Gdanska SA v Latreefers Inc; In re Latrefeers Inc; Stocznia Gdanska SA v Latvian Shipping Co and others (No 2): CA 15 Mar 2000

Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984. Judges: Lord Browne-Wilkinson Citations: Independent 26-Jul-1994, … Continue reading Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003

Judges: Lord Carloway Citations: [2003] ScotCS 304 Links: Bailii Statutes: Insolvency Act 1986 242 Jurisdiction: Scotland Cited by: See Also – Mathew Purdon Henderson ( Liquidator of Letham Grange Development Co Ltd) v 3052775 Nova Scotia Ltd OHCS 21-Apr-2004 . .See Also – Henderson v 3052775 Nova Scotia Limited IHCS 18-Feb-2005 . .See Also – … Continue reading Henderson CA (the Liquidator of Letham Grange Development Co Ltd) v 3052772 Nova Scotia Limited: OHCS 9 Dec 2003

Regina v Kansal: CACD 24 Jun 1992

K had been convicted of two counts of obtaining property by deception contrary to section 15 of the Theft Act 1968. He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he was required to deliver up to the Official Receiver or his … Continue reading Regina v Kansal: CACD 24 Jun 1992

Re Palmer (A Deceased Debtor), Palmer v Palmer: CA 6 Apr 1994

Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. The wife argued that by the doctrine of survivorship the house was already hers. The administrator … Continue reading Re Palmer (A Deceased Debtor), Palmer v Palmer: CA 6 Apr 1994

Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000

A retirement annuity or personal pension was part of a bankrupt’s estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment order before those assets could be made available to the creditors. Acts … Continue reading Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000

In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999

The tenant company went into liquidation, the receiver disclaimed the lease, and the landlord claimed compensation under the Act. The question concerned how the compensation was to be calculated. Held: Where a solvent tenant under an onerous lease goes into voluntary liquidation, and the liquidator disclaims the lease, the right to payment of rent disappears, … Continue reading In Re Park Air Services Plc; Christopher Moran Holdings Ltd v Bairstow and Another: HL 4 Feb 1999

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

Foxley v United Kingdom: ECHR 20 Jun 2000

A bankrupt was suspected of disposing of his assets to avoid a confiscation order. The trustee in bankruptcy obtained an order for the bankrupt’s post to be diverted to her whilst he was in prison. She opened all post and copied it before forwarding it to the bankrupt. This included correspondence with his legal advisers. … Continue reading Foxley v United Kingdom: ECHR 20 Jun 2000

Dora v Simper and Others: ChD 26 May 1999

A creditor’s claim to set aside an insolvent debtor’s transaction as being at an undervalue could not be pursued to benefit that creditor alone, and a plaintiff was not entitled to his full judgment and costs. A conspiracy claim was hard to establish. Citations: Times 26-May-1999 Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales … Continue reading Dora v Simper and Others: ChD 26 May 1999

Coutts and Co v Stock: ChD 24 Nov 1999

Where an ailing company continued to trade, section 127 operated as between the company and its directors and creditors, and not so as to invalidate payments made by the company’s bank on cheques drawn before the date of presentation of the petition, and honoured before the date of the winding up order. Accordingly when an … Continue reading Coutts and Co v Stock: ChD 24 Nov 1999

Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

Challenge to an unfair preference under section 243 of the 1986 Act Citations: [2000] ScotCS 209 Links: Bailii Statutes: Insolvency Act 1986 243 Jurisdiction: Scotland Cited by: Cited – MacDonald and Another v Carnbroe Estates Ltd SC 4-Dec-2019 ‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, … Continue reading Baillie Marshall Ltd and Another v Avian Communications Limited: SCS 21 Jul 2000

Biosource Technologies Inc v Axia Genetics Plc (In Administration): ChD 25 Nov 1999

The rule which prevents a company in administration being prosecuted without the leave of the court, was not intended only to restrict creditors. Here another company wanted to bring patent infringement proceedings, but were first to be required to obtain the court’s consent. Citations: Times 25-Nov-1999, Gazette 25-Nov-1999 Statutes: Insolvency Act 1986 11(3)(d) Insolvency, Litigation … Continue reading Biosource Technologies Inc v Axia Genetics Plc (In Administration): ChD 25 Nov 1999

Alsop Wilkinson v Neary and Others: ChD 4 Nov 1994

The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs through a Beddoe application. Held: Trustees who sought directions from the court on whether … Continue reading Alsop Wilkinson v Neary and Others: ChD 4 Nov 1994

In re a Debtor (No 32 SD 1991): ChD 1993

Judges: Millett J Citations: [1993] 1 WLR 314 Statutes: Insolvency Act 1986 375 Jurisdiction: England and Wales Cited by: Cited – Papanicola v Humphrys and Others ChD 14-Mar-2005 The bankrupt had continued to run his restaurant for a year, by having another company collect his receipts for him. The trustee had obtained a declaration that … Continue reading In re a Debtor (No 32 SD 1991): ChD 1993

Re Bullard and Taplin Ltd: ChD 1996

Tne question of whether there was at any time ‘pending court proceedings’ was answered by asking if there existed a court file. The section empowered a court itself to appoint another trustee in bankruptcy. Section 41 of the 1984 Act could be used by the HighCourt to take some control over proceedings for an individual … Continue reading Re Bullard and Taplin Ltd: ChD 1996

Powdrill and Another v Watson and Another: HL 23 Mar 1995

A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 Act could be used to determine arrears of salary attributable to the period prior to the administrators’ appointment.Lord … Continue reading Powdrill and Another v Watson and Another: HL 23 Mar 1995

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

A Debtor v Focus Insurance Co Ltd (In Liquidation): ChD 12 Jul 1993

An expedited bankruptcy petition could be filed, despite the existence of an outstanding application to set aside the statutory demand on which it was based. Section 270 overrides section 267(2(d). Judges: Mummery J Citations: Times 12-Jul-1993 Statutes: Insolvency Act 1986 270, Insolvency Rules 1986 (1986 No 1925) Insolvency Updated: 15 May 2022; Ref: scu.77574

In re Mark One (Oxford Street) plc: 1999

Jacob J referred to the inherent jurisdiction of the court with particular reference to Ex parte James. Judges: Jacob J Citations: [1999] 1 WLR 1445, [1999] 1 All ER 608 Statutes: Insolvency Act 1986 14(3) Cited by: Not followed – In re Luna Metal Products Ltd (in Administration) CA 14-Dec-2006 The administrators held cash. They … Continue reading In re Mark One (Oxford Street) plc: 1999

Re Bridgend Goldsmiths Limited and Others: ChD 1995

The High court may not exercise its jurisdiction under section 263 of the 1986 Act within a voluntary arrangement within the county court. Judges: Blackurne J Citations: [1995] BCC 226, [1995] 2 BCLD 208 Statutes: Insolvency Act 1986 263(5) Cited by: Followed – In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex … Continue reading Re Bridgend Goldsmiths Limited and Others: ChD 1995

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

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

Official Receiver v Environment Agency: CA 5 Aug 1999

A waste management licence could constitute both property and onerous property for the purposes of the Insolvency Act. It could also be an interest incidental to the land to which it related. Because of this the liquidator of a waste management company could disclaim the licence without committing an offence under the Act. Citations: Times … Continue reading Official Receiver v Environment Agency: CA 5 Aug 1999

Mulkerrins v Pricewaterhousecoopers (A Firm): CA 12 Jan 2001

A trustee in bankruptcy had had vested in him the legal title to an action for damages for the loss to personal reputation and status of the bankrupt. Held: A declaration that he had no interest in a claim for damages against a former insolvency practitioner, was not a judgment in rem, making him a … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): CA 12 Jan 2001

Masters and Others v Leaver: CA 2 Sep 1999

A judgment obtained by default against a bankrupt in a foreign jurisdiction, was not sufficient evidence of itself, to establish that the debt which it proved had been obtained or created by fraud, or by a fraud to which they were a party. The party had been debarred from defending himself, and a finding on … Continue reading Masters and Others v Leaver: CA 2 Sep 1999

In Re Lee (A Bankrupt): CA 22 Aug 1999

The court has sufficient discretion to order that the surplus proceeds of sale of a leasehold interest could be paid to the liquidator despite his having himself disclaimed any interest in the lease. Nobody else had claimed an interest, and the creditors should receive the benefit. This was sensible despite the apparent termination of the … Continue reading In Re Lee (A Bankrupt): CA 22 Aug 1999

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

ANC Ltd v Clark Goldring and Page Ltd and Another: CA 31 May 2000

The assignment of the fruits of an action for damages was a sale of property within section 436 of the Act, it was not within the exemption for champerty provided by the Act to a liquidator which arose from the statutory power of sale. The assignment of a cause of action assigned the right to … Continue reading ANC Ltd v Clark Goldring and Page Ltd and Another: CA 31 May 2000