Application for personal liability of company director in insolvency. Citations: [2005] EWCA Civ 554 Links: Bailii Statutes: Insolvency Act 1986 217 Jurisdiction: England and Wales Insolvency, Company Updated: 22 October 2022; Ref: scu.224837
The liquidators sought relief saying that the company had sold its principle capital asset at an undervalue to its parent company. Judges: Richards J Citations: [2010] EWHC 3349 (Ch), [2011] BPIR 876, [2011] Bus LR D93 Links: Bailii Statutes: Insolvency Act 1986 238 241 Jurisdiction: England and Wales Insolvency Updated: 21 October 2022; Ref: scu.427408
Judges: Insolvency and Companies Court Judge Jones Citations: [2022] EWHC 2503 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 20 October 2022; Ref: scu.681466
The claimant sought to set aside transactions entered into by the defendants which, it said were intended fraudulently to defeat claims by their creditors. Held: When considering the extent of recovery available under the sections of the 1986 Act, the court should consider general principles applicable in all areas of law. The Act did not … Continue reading 4Eng Ltd v Harper and Others: ChD 26 Oct 2009
Citations: [2004] EWCA Civ 1684, [2005] 2 FLR 63 Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Cited by: Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020 Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They … Continue reading Ram v Ram and others: CA 16 Nov 2004
Preliminary issue in an application in a bankruptcy Judges: Mr Justice Nugee Citations: [2020] EWHC 98 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 11 October 2022; Ref: scu.646335
(Leeds County Court) The creditor sought to have a proof admitted for pounds 479k, but the chair admitted it only for pounds 1.00, and the IVA proposal was accepted again the wishes of the creditor. The creditor said that the IP had misunderstood the claim and should have treated it as liquidated. The chair responded … Continue reading AB Agri Ltd v Curtis and Others: Misc 22 Jul 2016
Judges: HHJ Halliwell Citations: [2019] EWHC 3455 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 08 October 2022; Ref: scu.646198
The Court considered a Director’s duty to act in the interests of his company’s creditors. The Directors were said to have paid out an excessive dividend to put assets beyond the reach of its creditors. Judges: Longmore, David Richards, Henderson LJJ Citations: [2019] EWCA Civ 112, [2019] 2 All ER (Comm) 13, [2019] BCC 631, … Continue reading BTI 2014 Llc v Sequana SA and Others: CA 6 Feb 2019
The court was asked to interpret the provisions as to ‘client money rules’ and ‘client money distribution rules’ in the FSA handbook, and to consider the consequences as to the applicable trusts. Substantial sums paid by clients to the bank before its insolvency were now unavailable. Held: The appeal failed. The statutory trust under the … Continue reading Lehman Brothers International (Europe), Re: SC 29 Feb 2012
Judges: Roth J Citations: [2010] EWHC 1587 (Ch), [2010] BCC 808 Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Insolvency Updated: 04 October 2022; Ref: scu.420390
The Secretary of State sought a disqualification order. The director argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown. Held: The answer was a mixture of fact and law. A breach of duty alone was neither necessary nor sufficient. Unfitness by reason of … Continue reading The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003
Application under the ‘fraudulent trading’ provision in section 213. Judges: Roth LJ Citations: [2010] EWHC 613 (Ch) Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Insolvency Updated: 29 September 2022; Ref: scu.406547
Application for contribution from directors after they had traded beyond the time when any prospect of avoiding insolvent liquidation was lost. Judges: The Honourable Mr Justice Peter Smith Citations: [2006] EWHC 5803 (Ch) Links: Bailii Statutes: Insolvency Act 1986 214 Jurisdiction: England and Wales Insolvency, Company Updated: 29 September 2022; Ref: scu.241457
The director sought to appeal an order disqualifying him form acting as a company director. Held: The disqualification proceedings were properly charactised as insolvency proceedings and therefore there was no requirement for permission to appeal to a high court judge. Judges: Morritt Citations: [2005] EWHC 888 (Ch), Times 26-May-2005 Links: Bailii Statutes: Company Directors Disqualification … Continue reading Secretary of State for Trade and Industry v Paulin: ChD 13 May 2005
Judges: Sir Anthony Mann Citations: [2022] EWHC 2221 (Ch) Links: Bailii Statutes: Insolvency Act 1986 423 Jurisdiction: England and Wales Insolvency Updated: 29 September 2022; Ref: scu.681002
Judges: Hodge QC J Citations: [2010] EWHC 3788 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 27 September 2022; Ref: scu.434928
Judges: Floyd J Citations: [2010] EWHC 3071 (Ch), [2011] 1 WLR 1579, [2011] 2 Costs LO 163, [2011] 1 BCLC 368 Links: Bailii Statutes: Insolvency Act 1986 Sch B1 Jurisdiction: England and Wales Insolvency Updated: 27 September 2022; Ref: scu.426849
There was a conflict between the creditors who were party to the IVA and a subsequent trustee in bankruptcy; and the bankruptcy was petitioned by a new creditor who was unaffected by the IVA. Held: The IVA had created a trust of the bankrupt’s assets for the benefit of the IVA creditors. The bankruptcy order … Continue reading in Re Bradley-Hole (A Bankrupt): ChD 1995
Judges: Alison Foster QC Citations: [2009] EWHC 2063 (Ch), [2009] BPIR 1438 Links: Bailii Statutes: Insolvency Act 1986 303 Jurisdiction: England and Wales Insolvency, Contract Updated: 27 September 2022; Ref: scu.416200
Application under section 6 of the Insolvency Act 1986 for an order that the approval of a Company Voluntary Arrangement in respect of the second respondent given by a meeting of creditors be revoked on the grounds that there was material irregularity in relation to that meeting. Judges: Roth J Citations: [2010] EWHC 3353 (Ch), … Continue reading Macaria Investments Ltd v Sanders and Another: ChD 17 Dec 2010
Citations: [2006] EWHC 779 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 Jurisdiction: England and Wales Insolvency Updated: 25 September 2022; Ref: scu.241460
Agreement for payment by joint debtor not contract The claimant appealed against refusal of an order to set aside a statutory demand. He said that he had compromised a claim by the creditors. He argued for an extension to the Rule in Pinnel’s case, so that where a debtor agrees to pay part of a … Continue reading Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007
Directors’ application for an administration order under the provisions of Schedule B1 of the Insolvency Act 1986. Citations: [2007] EWHC 3534 (Ch) Links: Bailii Jurisdiction: England and Wales Company, Insolvency Updated: 22 September 2022; Ref: scu.408851
The defendant company directors were accused of having paid dividends to themselves when the company was in fact making a loss. Held: A claim might lie, but the pleadings did not phrase it adequately, and an amendment would be improper. Though payments had been made at a time when the company ws making losses, a … Continue reading It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005
‘These appeals raise important and difficult questions posed by the impact of legislation for the protection of pension funds upon companies which are undergoing an insolvency process.’ Judges: Laws, Lloyd, Rimer LJJ Citations: [2011] EWCA Civ 1124, [2012] BCC 83, [2012] 1 BCLC 248, [2012] BCLC 248, [2012] 1 All ER 1455, [2012] Bus LR … Continue reading Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011
The revenue appealed against refusal of its petition for the winding up of the company for non-payment of a VAT assessment. The company said that the assessment was disputed. The revenue said that the company had been run for the purpose of submitting false VAT Input tax claims, and suppressing Output tax invoices. Held: The … Continue reading Revenue and Customs v Rochdale Drinks Distributors Ltd: CA 13 Oct 2011
This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced. Held: The wife was seeking effectively not re-instatement, but the creation of a position which … Continue reading Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell: CA 5 Nov 2004
The appellants had been directors of a company which fell into difficulties. A new company was begun, and traded, and the other continued for a year before being wound up by a landlord. The lease was disclaimed. Only the landlord lost out. He claimed that the directors had continued to trade with intent to defraud. … Continue reading Morphitis v Bernasconi and others: CA 5 Mar 2003
The petitioners sought either the purchase of their shares, or the winding up of the company alleging unfair prejudice in the management of the company. The defendants argued that what was complained of did not fall within section 459 since it was not complained of in their capacity as shareholders. Held: Though the petitioner was … Continue reading In the Matter of Pectel Limited; O’Neill; O’Neill v Phillips; Phillips and Pectel Limited: CA 1 May 1997
The court considered how to determine in the context of applications for confiscation orders, the value of the ‘benefit’ obtained by an offender who has been guilty of managing a company as a director in contravention of a director’s disqualification order or an undertaking not to act as a director. Held: The values were to … Continue reading Seager, Regina v; Regina v Blatch: CACD 26 Jun 2009
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical … Continue reading In re Saunders (A Bankrupt): ChD 1997
The court considered how the losses of the insolvent company were to be distributed as between secured creditors and preferential creditors, given the terms of the applicable trust deed. Held: The court considered the interpretations of the deed, looking at the ‘landscape of the instrument as a whole’ and interpretations given. The Court emphasised the … Continue reading Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009
Parties said that assets of the insolvent company were held by it in trust for them. Held: The court had no jurisdiction to sanction a scheme of arrangement proposed by the administrators between the company and former clients who had proprietary interests in the assets held by the company or on its behalf. Judges: Blackburne … Continue reading Lehman Brothers International (Europe) (No 2), Re: ChD 21 Aug 2009
Challenge to sale of house as at an undervalue. Citations: [2007] EWHC 405 (Ch), [2008] 2 WLR 283 Links: Bailii Statutes: Insolvency Act 1986 339 Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.251816
Citations: [2007] EWHC 753 (Ch) Links: Bailii Statutes: Insolvency Act 1986 303(2A) Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.251170
Citations: [2006] EWHC 1954 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Insolvency Rules 1986 6.5 Jurisdiction: England and Wales Legal Professions, Insolvency Updated: 11 September 2022; Ref: scu.243987
Judges: Lord Justice Auld Lord Justice Sedley Lord Justice Keene Citations: [2004] EWCA Civ 805 Links: Bailii Statutes: Foreign Judgments (Reciprocal Enforcement ) Act 1933, Insolvency Act 1986 423 Jurisdiction: England and Wales Insolvency, Banking Updated: 11 September 2022; Ref: scu.198484
The House was asked: what is meant by the word property in a floating charge and in section 53(7) of the 1986 Act which provides for the effect of the appointment of a receiver by the holder of such a charge in the following terms: ‘(7) On the appointment of a receiver under this section, … Continue reading Sharp and Others v Woolwich Building Society: HL 6 Feb 1997
Citations: ,[2004] 1 WLR 2832, [2003] EWCA Civ 1925, [2004] 2 All ER 294 Links: Bailii Statutes: Insolvency Act 1986 279 Jurisdiction: England and Wales Citing: Appeal from – Bagnall QC v the Official Receiver ChD 18-Jun-2003 The bankrupt was to receive his automatic discharge. The receiver had applied ex parte to suspend the automatic … Continue reading Bagnall QC v Official Receiver: CA 1 Dec 2003
Citations: [2005] EWCA Civ 693, [2005] BPIR 1067, [2005] 2 BCLC 328, [2005] BCC 739 Links: Bailii Statutes: Insolvency Act 1986 213 Jurisdiction: England and Wales Cited by: Main Judgment – Bank of India v Morris and others (Costs) CA 22-Jun-2005 . . Lists of cited by and citing cases may be incomplete. Insolvency, Banking … Continue reading Bank of India v Morris and others: CA 22 Jun 2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The petitioner former wife sought to make the husband bankrupt on the basis of unpaid maintenance debts. The maintenance was subject to variation by the original foreign court which had made the order. Held: The order was one recognised under the Act. The fact that the foreign court could still order a variation was critical … Continue reading Cartwright v Cartwright and Others: CA 3 Jul 2002
Orse The Official Receiver v Batmanghelidjh and Others Judges: Falk J Citations: [2021] EWHC 175 (Ch) Links: Bailii, Judiciary Statutes: Company Directors Disqualification Act 1986 Jurisdiction: England and Wales Insolvency, Charity, Company Updated: 07 September 2022; Ref: scu.658130
Application for winding up orders on public interest grounds. Judges: His Honour Judge Stephen Davies Citations: [2019] EWHC 2890 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A Jurisdiction: England and Wales Insolvency Updated: 07 September 2022; Ref: scu.643891
Proposed appeal from a decision dismissing the Appellant’s application, made pursuant to section 282(1)(a) of the Insolvency Act 1986, to annul a bankruptcy order made against the Appellant. Citations: [2019] EWHC 2701 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 07 September 2022; Ref: scu.642771
Judges: Richard Seymour QC J Citations: [2003] EWHC 334 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency, Company Updated: 06 September 2022; Ref: scu.431762
Application to set aside individual voluntary arrangement. Judges: Chadwick LJ, Longmore LJ, Jacob LJ Citations: [2006] EWCA Civ 1183 Links: Bailii Statutes: Insolvency Act 1986 262(2)(a) Jurisdiction: England and Wales Insolvency Updated: 06 September 2022; Ref: scu.244475
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
Citations: [2003] EWCA Civ 1886 Links: Bailii Statutes: Insolvency Act 1986 268(1) Jurisdiction: England and Wales Insolvency Updated: 06 September 2022; Ref: scu.193675
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the … Continue reading Regina v Doring: CACD 24 Jun 2002
The claimant argued that she should not have been made bankrupt on the application of HMRC in respect of VAT sums she now disputed. Judges: Sir Andrew Morritt C, Toulson, Sullivan LJJ Citations: [2011] EWCA Civ 271, [2011] BPIR 691, [2011] STC 1237, [2011] STI 1213, [2011] BVC 162, [2011] NPC 33 Links: Bailii Statutes: … Continue reading Revenue and Customs v Chamberlin: CA 22 Mar 2011
The court was asked questions to interpret the terms of interest-bearing notes, which were issued by Eurosail-UK 2007-3BL PLC, a special purpose vehicle formed to hold income-producing assets, consisting of mortgage loans, to be used to meet the liabilities on the Notes, and in particular whether the rspondent had been insolvent when entering into them. … Continue reading BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011
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
‘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
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 length of a director’s disqualification is not to be discounted for the time elapsed up to the hearing of the case. As to section 221 of the Companies Act, it : ‘has, at the least, two purposes. First, to ensure that those who are concerned in the direction and management of companies which trade … Continue reading Secretary of State for Trade and Industry v Arif and Others: ChD 25 Mar 1996
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
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 defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
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
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
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
On the winding up of the company, there had unexpectedly been a surplus of assets after payment of all debts. The court was now asked to determine claims to be allowed before a distribution was made. Held: The court made declarations as follows: ‘i) The claims of LBHI2 under its subordinated loan agreements with LBIE … Continue reading Re Lehman Brothers International (Europe) and Others: ChD 14 Mar 2014
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
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
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
The debtor had agreed to buy a company from the petitioner, the price to be payable in instalments by means of post-dated cheques. The debtor alleged misrepresentation and stopped one of the cheques. The petitioner served a statutory demand based on the dishonoured cheque. The district judge dismissed the debtor’s application to set aside the … Continue reading Hofer v Strawson: ChD 31 Mar 1999
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
The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made necessary by the Post Office and Bradley cases. Limitation defences were deployed to strike the action out. … Continue reading Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005