Search Results for: Insolvency Act 1986

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Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

The Secretary of State sought company director disqualification orders. The defendants challenged the administrative receivership, saying that the appointment of the administrative receiver was invalid, and hence that the conditions of section 6 were not satisfied and the Secretary of State was not entitled to rely on the section as the basis for the disqualification … Continue reading Secretary of State for Trade and Industry v Jabble and Others: CA 22 Jul 1997

Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006

Re MK Airlines Ltd: ChD 26 Apr 2012

The company had appointed administrators. They were later discharged in the belief that the company was solvent. This proved incorrect, and on a creditor’s winding up petition, new interim receivers were appointed. On the winding up, liquidators were appointed, who now sought clarification of the status of charges over the company’s assets in favour of … Continue reading Re MK Airlines Ltd: ChD 26 Apr 2012

Woodley v Woodley (2): CA 12 Apr 1993

A stay of execution of an order against matrimonial assets was not defeated by bankruptcy. As to the interplay of the Insolvency Rules and matrimonial proceedings. Balcombe LJ said: ‘I cannot leave this case without saying something about the effect of r 12.3 of the Insolvency Rules 1986. Before those rules came into force orders … Continue reading Woodley v Woodley (2): CA 12 Apr 1993

Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

The claimant sought damages against its former directors for negligence and breach of fiduciary duty. The defendants asked that the claims be struck out. Held: It was no longer good law that directors might leave the conduct of the company’s business to competent management. Though section 727 might give relief to directors who had been … Continue reading Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

Regina v Brockley: CACD 25 Nov 1993

The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence. Citations: Gazette 26-Jan-1994, Times 25-Nov-1993, [1994] 99 Cr App R 385 Statutes: Company Directors Disqualification Act 1986 11(1) Jurisdiction: England and Wales Cited by: Cited – Regina v Doring CACD 24-Jun-2002 The defendant was charged with acting as … Continue reading Regina v Brockley: CACD 25 Nov 1993

Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007

Sodexho Ltd v Gibbons: EAT 14 Jul 2005

EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005

AB Agri Ltd v Curtis and Others: Misc 22 Jul 2016

(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

West Mercia Safetywear Ltd v Dodds: CA 1988

If a company continues to trade whilst insolvent but in the expectation that it would return to profitability, it should be regarded as trading not for the benefit of the shareholders, but for the creditors also. If there is a possibility of insolvency, even a written consent will not totally safeguard against a claim from … Continue reading West Mercia Safetywear Ltd v Dodds: CA 1988

Lehman Brothers International (Europe), Re: SC 29 Feb 2012

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

The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003

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

Secretary of State for Trade and Industry v Paulin: ChD 13 May 2005

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

In re Highfield Commodities Ltd: ChD 1985

The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985

Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007

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

It’s A Wrap (UK) Ltd v Gula and Another: ChD 16 Sep 2005

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

Bloom and Others v The Pensions Regulator and Others; In re Nortel GMBH (in administration: CA 14 Oct 2011

‘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

In the Matter of Pectel Limited; O’Neill; O’Neill v Phillips; Phillips and Pectel Limited: CA 1 May 1997

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

Seager, Regina v; Regina v Blatch: CACD 26 Jun 2009

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

Sigma Finance Corporation, Re; (in administrative receivership): SC 29 Oct 2009

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

Lehman Brothers International (Europe) (No 2), Re: ChD 21 Aug 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

Secretary of State for Trade and Industry v Christopher Paul Reynard: CA 18 Apr 2002

A company director was examined in court, in the course of company director disqualification proceedings. The judge was so concerned by his behaviour as a witness, as to extend the period of disqualification. He had appealed, and the Secretary of State appealed a reduction in the disqualification period. Held: The disqualification proceedings were themselves a … Continue reading Secretary of State for Trade and Industry v Christopher Paul Reynard: CA 18 Apr 2002

Cartwright v Cartwright and Others: CA 3 Jul 2002

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

Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008

The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008

Singla v Hedman and Others: ChD 27 Nov 2009

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

Secretary of State for Trade and Industry v Arif and Others: ChD 25 Mar 1996

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

Power and Another v HM Revenue and Customs and Another: ChD 23 Oct 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

Scottish and Newcastle Ltd v Raguz: ChD 10 Jun 2010

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

Re Petropavlovsk Plc: ChD 5 Aug 2022

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

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 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

Barry v Midland Bank Plc: HL 22 Jul 1999

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

Re Kaupthing Singer and Friedlander Ltd: ChD 19 Feb 2010

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

Jack and Another (London Scottish Finance Ltd) v Craig and Others: ChD 17 Dec 2013

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

Re Storm Funding Ltd: ChD 18 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

Re Petropavlovsk Plc: ChD 1 Aug 2022

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

Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others: ComC 18 Oct 2006

The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had no jurisdiction. Held: The court at this stage should look no further than asking whether there … Continue reading Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others: ComC 18 Oct 2006

Re Lehman Brothers International (Europe) and Others: ChD 14 Mar 2014

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

In re Nortel Companies and Others: SC 24 Jul 2013

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

Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010

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

Stocznia Gdanska Sa v Latreefers Inc: ComC 21 Dec 1998

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

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 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

Bank of Credit and Commerce International Sa (In Liquidation) (No 8): CA 2 Oct 1996

Not all debts which were eligible for proof in bankruptcy were also eligible for a set off. Rose Ljexplained the doctrine of equitable marshallling, saying: ‘The doctrine of marshalling applies where there are two creditors of the same debtor, each owed a different debt, one creditor (A) having two or more securities for the debt … Continue reading Bank of Credit and Commerce International Sa (In Liquidation) (No 8): CA 2 Oct 1996

Hofer v Strawson: ChD 31 Mar 1999

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

American Express International Banking Corporation v Hurley: ChD 1985

The property mortgaged was specialised sound and lighting equipment used at pop concerts. The mortgagee’s guarantor was dissatisfied with the way in which the receiver sold the equipment. Held: Where a company receiver was appointed under a charge in common form, he acted as the agent of the the mortgagor until the mortgagor’s liquidation. Something … Continue reading American Express International Banking Corporation v Hurley: ChD 1985

In re Kaupthing Singer and Friedlander Ltd: ChD 2 Oct 2009

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

Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd: CA 29 Nov 2005

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

Brazzill and Others v Willoughby and Others: ChD 10 Jul 2009

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

Innovate Logistics Ltd v Sunberry Properties Ltd: CA 18 Nov 2008

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

Golden Key Ltd (In receivership): CA 30 Jun 2009

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

In Re A Company No 004803 of 1996: ChD 2 Dec 1996

T was the company’s bookkeeper. He was also a director but with only a small shareholding. The company fell into difficulties. He recommended economies to the other directors which were not accepted, but then he stayed on in office. The court had disqualified the other directors but not him. The Secretary of State appealed. Held: … Continue reading In Re A Company No 004803 of 1996: ChD 2 Dec 1996

In Re A Debtor (No 90 of 1997): ChD 1 Jul 1998

Ordinarily the court would avoid two actions on similar facts where inconsistent decisions might be reached, but where issues on setting aside a statutory demand were genuinely separate, the separate actions could continue. Citations: Times 01-Jul-1998 Statutes: Insolvency Rules 1986 (1986 No 1925) 6.5.4(d) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81672

HM Secretary of State for Business Enterprise and Regulatory Reform, Re Order To Wind Up UK Bankruptcy Ltd: SCS 31 Mar 2009

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

In re Frontsouth (Witham) Ltd and Another: ChD 30 Jun 2011

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

Hammonds (A Firm) v Pro-Fit USA Ltd: ChD 17 Aug 2007

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

Commissioners of Customs and Excise v Allen: ChD 6 Feb 2003

A block order had been made transferring the duties of an insolvency practitioner to another. In the case of an individual practitioner resigning, a creditor would have to be notified so as to be allowed to object. Here, the applicant sought a review of the transfer ordered by the court, having been notified after the … Continue reading Commissioners of Customs and Excise v Allen: ChD 6 Feb 2003

Beloit Walmsley Ltd, Re: ChD 31 Jul 2008

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

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

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

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

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

In Re Migration Services International Ltd: ChD 2 Dec 1999

When considering whether to impose a disqualification order upon a company director, it was relevant to consider the unlawful and unauthorised use of the name of a liquidated company. The sections of the Insolvency Act which might be taken into account were not exhaustively listed. Citations: Times 02-Dec-1999, Gazette 08-Dec-1999 Statutes: Company Directors Disqualification Act … Continue reading In Re Migration Services International Ltd: ChD 2 Dec 1999

Skjevesland v Geveran Trading Company Limited: ChD 2002

The registrar had decided that the debtor’s centre of main interests was situated in Switzerland. Held: Article 3 of Regulation (EC) 1346/2000 did not displace the bankruptcy jurisdiction which (as the registrar found) the High Court would otherwise have under section 265 of the Insolvency Act 1986. Judges: Judge Howarth Citations: [2002] EWHC 2898 (Ch) … Continue reading Skjevesland v Geveran Trading Company Limited: ChD 2002

Getliffe and Another, Re Lune Metal Products Ltd: CA 14 Dec 2006

Judges: Tucke, Carnwath, Neuberger LJJ Citations: [2006] EWCA Civ 1720, [2007] Bus LR 589 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: Cited – In re Clark (a bankrupt); ex parte the Trustee v Texaco Ltd ChD 1975 Walton J restated the rule in In re James: ‘the rule provides that where … Continue reading Getliffe and Another, Re Lune Metal Products Ltd: CA 14 Dec 2006

In re the Leeds United Association Football Club: ChD 25 Jul 2007

the court considered whether liabilities for damages for wrongful dismissal of football players were debts provable in insolvency. Held: When an administrator of a company adopted contracts of employment and the company later was found liable to pay damages for their wrongful dismisal, the damages payable did not have priority in the liquidation. Judges: Pumfrey … Continue reading In re the Leeds United Association Football Club: ChD 25 Jul 2007

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy. Held: It was not. At the date of the bankruptcy order, the possible reclaim was not yet a contingent debt, and he remained liable. There was no contingent … Continue reading Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions: CA 16 Dec 2005

Exeter City Council v Bairstow and others; Re Trident Fashions plc: CA 10 Mar 2006

Judges: Rix, Maurice Kay LJJ, Sir Martin Nourse Citations: [2006] EWCA Civ 203, [2007] Bus LR 813 Links: Bailii Statutes: The Insolvency Act 1986 Jurisdiction: England and Wales Cited by: Cited – In re Nortel Companies and Others SC 24-Jul-2013 The court was asked as to the interrelationship of the statutory schemes relating to the … Continue reading Exeter City Council v Bairstow and others; Re Trident Fashions plc: CA 10 Mar 2006

Cabvision Ltd v Feetum and others: CA 20 Dec 2005

The company challenged the appointment of administrative receivers, saying there had been no insolvency. Held: No question arises of a derivative action arose here. The claimant had standing to apply for declaratory relief since they were directly affected by the appointment. As to the appointment itself ‘it is inconceivable that in enacting the relevant provisions … Continue reading Cabvision Ltd v Feetum and others: CA 20 Dec 2005

BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005

The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005

In re Calgary and Edmonton Land Co Ltd (In liquidation): 1975

Creditors in a liquidation have only a right to have the assets administered by the liquidator in accordance with the provisions of the Insolvency Act 1986. The trust applies only to the company’s property. It does not affect the proprietary interests of others. Citations: [1975] 1 WLR 355 Jurisdiction: England and Wales Cited by: Cited … Continue reading In re Calgary and Edmonton Land Co Ltd (In liquidation): 1975

Re Multicultural Media Centre for the Millenium Ltd: CA 22 Mar 2001

Citations: [2001] EWCA Civ 509 Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Citing: See Also – Multicultural Media Centre for the Millennium Ltd v Millennium Commission CA 19-Oct-2001 Where a court was faced with a situation where both parties wished to proceed, but one wanted to put in an affidavit which the … Continue reading Re Multicultural Media Centre for the Millenium Ltd: CA 22 Mar 2001

In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex parte Betts: ChD 1995

Separate applications were made by liquidators of companies in variously voluntary or compulsory liquidation and otherwise. Judges: Chadwick J Citations: [1995] 2 BCLC 594 Statutes: Insolvency Rules 4.108 6.126 Jurisdiction: England and Wales Citing: Followed – Re Bridgend Goldsmiths Limited and Others ChD 1995 The High court may not exercise its jurisdiction under section 263 … Continue reading In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex parte Betts: ChD 1995