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
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
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
A minority shareholder had brought a petition to wind up the company, saying the project for which it had been created was complete. An offer was made to purchase his shares. He rejected the offer to purchase his shareholding at an accountant’s valuation. He appealed a striking out of his petition on the grounds that … Continue reading Re Abbey Leisure: CA 1990
Judges: Insolvency and Companies Court Judge Burton Citations: [2022] EWHC 944 (Ch) Links: Bailii Statutes: Insolvency Act 1986 112 Jurisdiction: England and Wales Insolvency Updated: 13 May 2022; Ref: scu.676348
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder. Held: The rule was a complete statement of the possible expenses to be paid out under the rules: ‘The … Continue reading In re M C Bacon Ltd: ChD 1990
The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and there had been no assignment of the benefit of the order. Held: The … Continue reading Coulter v Chief Constable of Dorset Police: ChD 12 Dec 2003
A person required to answer questions under the section may not refuse to answer on the ground of self-incrimination. (Dillon LJ) ‘It is plain to my mind – and not least from the Cork Report – that part of the mischief in the old law before the Insolvency Act 1985 was the apparent inability of … Continue reading Bishopsgate Investment Limited v Maxwell: CA 1999
The disqualified director sought leave under section 17 to act as a director in circumstances which did not involve him assuming any executive responsibilities, other than of a trivial nature, and left him free to contract as a consultant. Held: Where a disqualification order has been made following dishonesty, that is likely to be a … Continue reading Re Barings and Others (No 3): ChD 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
A bankrupt labourer (aged 30) after the bankruptcy order issued a writ against a doctor who had treated him for back pain before the bankruptcy order, claiming damages for negligence, including damages for pain and suffering as well as damages for loss of earnings. Held: An action for damages for personal injuries arising from negligence, … Continue reading Ord v Upton: CA 7 Jan 2000
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
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
Administrators took on new employees during the period of administration, but when it came to an end, they were unable to pay the PAYE and NIC for the employees. Held: The statute gave special priority to debts incurred under new contracts. The liability for PAYE fell under that category, and so did liability for NIC, … Continue reading In Re FJL Realisations Ltd: CA 2 Aug 2000
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
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
Jonathan Parker LJ discussed the granting of declarations: ‘things have indeed moved on since the Meadows case was decided; and the courts should not nowadays apply such a restrictive meaning to the passage in Lord Diplock’s speech in Gouriet’s case’. Judges: Jonathan Parker LJ Citations: [2006] Ch 585 Jurisdiction: England and Wales Citing: Cited – … Continue reading Feetum v Levy: CA 2006
Arden J was asked to approve aproposal that the company should go into voluntary liquidation, on the basis that, prior to that happening, the administrators would pay into a trust account in their own name a sum equal to the total amount owing to the preferential creditors, from which account the preferential creditors would be … Continue reading In re UCT (UK) Ltd: ChD 2001
The court considered the relevance of a statutory limitation period in relation to applications to set aside transactions as being at an undervalue or as voidable preferences under section 238 to 241 of the 1986 Act. Applications to set aside transactions under the sections are generally actions on a specialty within the meaning of section … Continue reading Re Priory Garage (Walthamstow) Limited: ChD 2001
The court described the roles of a director of a company: ‘ . . the duty of care owed by a director at common law is accurately stated in sec. 214(4) of the Insolvency Act 1986. It is the conduct of: a reasonably diligent person having both- (a) the general knowledge, skill and experience that … Continue reading Re D’ Jan of London Limited: 1993
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor leads to the assumption by receivers who accept such appointment of responsibilities and duties … Continue reading Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris: CA 21 Oct 2003
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
Lord Cullen spoke of the meaning of ‘adequate consideration’ in section 242 of the 1986 Act: ‘In considering whether alienation was made for ‘adequate consideration’, I do not take the view that it is necessary for the defender to establish that the consideration for the alienation was the best which could have been obtained in … Continue reading Lafferty Construction Ltd v McCombe: SCS 1994
Company directors had had civil proceedings for disqualification suspended pending the outcome of criminal proceedings arising from the circumstances of the failure of their companies. They had variously suffered penalties including criminal disqualifications in those criminal proceedings, under section 2. They sought to argue that the continuation of the civil proceedings under section 6 would … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: CA 26 Jun 2001
An employee claimed re-instatement following alleged unfair selection for redundancy by an administrator. Held: The effect of the 1986 Act was not that proceedings brought against a company in administration without consent or the permission of the court were a nullity, but only that they were liable to be stayed as other proceedings in section … Continue reading Carr v British International Helicopter: EAT 1993
Applications were made for the removal of a liquidator from several appointments in corporate nd individual insolvencies. He had been a partner in a firm and that had ceased in a way which left it impossible to work with his former partners to perform his duties. Held: The appointments were personal, and the only practical … Continue reading In Re A and C Supplies Limited: ChD 17 Oct 1997
The defendant appeal against a conviction for cheating the revenue after the use of evidence obtained against him by compulsion in investigations under the Insolvency Act. Held: The information obtained in an investigation would normally be considered confidential, but had been used to obtain warrants and to lay informations: ‘It is self-evidently in the public … Continue reading Regina v Brady: CACD 22 Jun 2004
Two of the company’s contributories asked be added to the list for the purpose of obtaining a 7 day adjournment of the hearing of the petition so as to give them time to consider whether they wished to ask for substitution. Held: An ordinary individual or company cannot be substituted as petitioner on a Secretary … Continue reading Xyllyx PLC (No1): ChD 1992
A tenancy granted by an insolvent farmer to his wife was set aside because of additional benefits which were granted. The tenancy was held to have been granted at an undervalue, even though the court was unable precisely to measure the value of the benefits granted. ‘In applying section 423(1)(c) to the facts of the … Continue reading Agricultural Mortgage Corporation Plc v Woodward and Another: CA 30 May 1994
The owner had agreed to sell a long lease of an apartment to the defendant. Part of the price was to be by way of set off of an existing debt, but ths was not set out in the contract. The claimant bought the land and the benfit of the contract from the original developer, … Continue reading Dolphin Quays Developments Ltd v Mills and others: CA 17 May 2007
The complainant requested information about the interpretation of section 271(3) of the 1986 Insolvency Act which the Supreme Court stated was not held by them. The Commissioner finds that the Supreme Court did not hold the information and does not require any further steps to be taken. Section of Act/EIR and Finding: FOI 1 – … Continue reading Supreme Court (Decision Notice): ICO 3 Feb 2011
The bank’s common law right of set-off was affirmed. The bank’s appeal succeeded. The application of section 323 is mandatory in the sense that it cannot be excluded by prior agreement of the parties. Citations: [1972] AC 785 Statutes: Insolvency Act 1986 323(2) Jurisdiction: England and Wales Citing: Appeal from – Halesowen Presswork and Assemblies … Continue reading National Westminster Bank Ltd v Halesowen Presswork and Assemblies Ltd: HL 1972
Judges: Norris J Citations: [2010] WLR (D) 118 Links: WLRD Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 02 May 2022; Ref: scu.415910
The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non oritur actio. Held: (Mance and Scott LL dissenting) The appeal succeeded. The company could not bring … Continue reading Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation): HL 30 Jul 2009
H had transferred his interest in the jointly owned matrimonial home to W for her promise to have sole liability for the mortgage debt. Nearly a year later her divorce claim for capital provision was dismissed by consent on the basis that H had already transferred his interests to W. H was bankrupted, and his … Continue reading Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993
The liquidators of BCCI in different jurisdictions had created a pooling agreement in the liquidation of the place of the company’s incorporation, namely Luxembourg to which all assets were to be remitted and in which all creditors were to share pari passu. Two problems arose. English law allowed set-off so that to the extent of … Continue reading Re: BCCI (No.10): ChD 1997
Damages for misrepresentation due to share purchaser not due to him as member. Citations: Times 27-May-1996 Statutes: Insolvency Act 1986 74(2)(f) Jurisdiction: England and Wales Company Updated: 28 April 2022; Ref: scu.89384
Witness to Department of Trade and Industry on Company affairs to be given notice before evidence released. Citations: Times 05-Jul-1996 Statutes: Companies Act 1985 432, Insolvency Act 1986 236 Jurisdiction: England and Wales Company Updated: 28 April 2022; Ref: scu.89388
The court examined the extent of the Judge’s discretion on hearing an application to set aside a statutory demand. When property was valued for the purposes of a statutory demand, it should be as on a forced sale. A ‘forced sale’ was taken as one requiring completion within four months. The judge, in dealing with … Continue reading Platts v Western Trust and Savings Ltd: CA 9 Jun 1993
Section 252 of the Insolvency Act 1986 does not stop a Landlord executing distress though interim order in force. Citations: Times 10-Jun-1993 Statutes: Insolvency Act 1986 252(2) Jurisdiction: England and Wales Landlord and Tenant Updated: 28 April 2022; Ref: scu.83577
A voluntary arrangement can be offered where only one creditor may stay bankruptcy proceedings. Rejection of less than the full amount by a petitioning creditor was not necessarily unreasonable. Judges: Mr Timothy Lloyd QC Citations: Times 01-Mar-1994, Gazette 11-May-1994, [1994] 1WLR 899 Statutes: Insolvency Act 1986 271(3)(c) Jurisdiction: England and Wales Cited by: Cited – … Continue reading In Re A Debtor (No 32 of 1993): ChD 1 Mar 1994
An insolvency trustee’s notice of disclaimer was effective to disclaim a lease. Citations: Times 06-Apr-1993 Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency, Landlord and Tenant Updated: 20 April 2022; Ref: scu.83635
This application is brought by Brothers Produce Limited and its liquidators for relief following an assignment which was void under s.127 of the Insolvency Act 1986. Citations: [2022] EWHC 291 (Ch) Links: Bailii Statutes: Insolvency Act 1986 127 Jurisdiction: England and Wales Insolvency Updated: 16 April 2022; Ref: scu.672161
Directors of a failed company were not to restart under similar name; strict criteria applied. Citations: Times 19-Dec-1995 Statutes: Insolvency Act 1986 216 Jurisdiction: England and Wales Company Updated: 15 April 2022; Ref: scu.84661
Challenge to company administrators’ fees. Judges: David Cooke HHJ Citations: [2015] EWHC 517 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: See Also – Randhawa and Others v Turpin and Another ChD 22-Jul-2016 . .See Also – Randhawa and Another v Turpin and Another CA 1-Aug-2017 The Court was asked … Continue reading Randhawa and Another v Turpin and Another: ChD 2 Mar 2015
The court was asked: is it a sufficient ground for refusing to make an income payments order under section 310 of the Insolvency Act 1986 in respect of a bankrupt that sums received under any order will not (or are unlikely to) enable a distribution to be made to the bankrupt’s unsecured creditors? Judges: Newey … Continue reading The Official Receiver v Negus: ChD 16 Dec 2011
Judges: Lord Menzies Citations: [2010] CSOH 115, 2010 GWD 33-684, [2010] ScotCS CSOH – 115, [2011] BCC 174 Links: Bailii Statutes: Insolvency Act 1986 74(3)(e) Jurisdiction: Scotland Scotland, Landlord and Tenant, Insolvency Updated: 12 April 2022; Ref: scu.421614
The claimant appealed against a refusal to set aside a statutory demand. He had given a cheque at a land auction, and it had bounced on his instructions, saying that the property had been misrepresented. Held: The auctioneer had specifically warned off bidders who had not inspected the site. However the paperwork was clearly capable … Continue reading Ahmed v Landstone Leisure Ltd: ChD 30 Jan 2009
Judges: Mr Justice Etherton Citations: [2004] EWHC 316 (Ch) Statutes: Insolvency Act 1986 1214, Companies Act 1985 212 Jurisdiction: England and Wales Insolvency, Company Updated: 12 April 2022; Ref: scu.194074
The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official … Continue reading In re Pantmaenog Timber Co Ltd: CA 25 Jul 2001
Claims under section 212(3) for alleged misfeasance or breach of duties against the Companies’ former liquidators in their respective members voluntary liquidations Judges: Insolvency and Companies Court Judge Burton Citations: [2022] EWHC 632 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212(4) Jurisdiction: England and Wales Insolvency Updated: 12 April 2022; Ref: scu.674645
A football club was not an unregistered company for the purposes of winding-up procedures. Citations: Times 19-Nov-1993 Statutes: Insolvency Act 1986 220 Jurisdiction: England and Wales Insolvency Updated: 10 April 2022; Ref: scu.90410
The forfeiture of a bankrupt’s lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a ‘security’ nor a ‘remedy’ within the meaning of those provisions, nor does it constitute ‘other proceedings’ or the execution of ‘other legal process’. The present law is … Continue reading Razzaq v Pala: QBD 6 Jun 1997
A court could properly look at the degree of a bankrupt’s behaviour in gambling so as to materially either contribute to or materially increase the extent of his insolvency by gambling or reckless speculation, and if such behaviour was found the defendant could commit the offence. The word materially was intended to apply to either … Continue reading Regina v P: CACD 29 Mar 2000
Company Liquidators have no authority to disclose evidence to creditor. Citations: Times 01-Dec-1993 Statutes: Insolvency Act 1986 236 & 237 Insolvency Updated: 09 April 2022; Ref: scu.83085
The continued ownership of a waste disposal licence was not a bar to the completion of the liquidation of the company provided the liquidator could show ability to comply with the statutory requirements for the licence. Citations: Gazette 06-May-1999 Statutes: Insolvency Act 1986 106(1) 201(2) Jurisdiction: England and Wales Insolvency Updated: 08 April 2022; Ref: … Continue reading In Re Wilmott Trading Ltd: ChD 6 May 1999
A receiver’s powers under Scottish law displaced those of the directors of company. Citations: Times 01-Nov-1996 Statutes: Insolvency Act 1986 Insolvency, Company Updated: 08 April 2022; Ref: scu.82319
Administrators may adopt employment contracts without attracting personal liability. Citations: Times 14-Sep-1993 Statutes: Insolvency Act 1986 19-5 Jurisdiction: England and Wales Citing: See Also – Re Paramount Airways Ltd (In Administration) CA 8-Apr-1992 It was said that there had been a transction at an undervalue within section 238. It was given effect by a transfer … Continue reading In Re Paramount Airways Ltd (In Administration): ChD 14 Sep 1993
The Court has no authority to make an order to control how any future liquidator of a company should distribute the assets on insolvency. It is wrong to seek to fetter his acts and discretions in this way. Citations: Times 19-May-1997 Statutes: Insolvency Act 1986 18(3), 14(3) Jurisdiction: England and Wales Insolvency Updated: 08 April … Continue reading In Re Powershore (Trading) Ltd; In Re Homepower Stores Ltd: ChD 19 May 1997
The court considered the effect of the doctrine of relation back on a property of which the bankrupt was formerly a joint tenant where the bankrupt had died after the act of bankruptcy but before adjudication. Held: A deceased’s share in property held under a joint tenancy was not caught by an insolvency after the … Continue reading In Re Palmer, Deceased (A Debtor): ChD 25 Mar 1994
The applicants sought leave to proceed in actions against the defendants against whom bankruptcy proceedings were pending. Consent should have been obtained before proceedings were issued, but application was now made nunc pro tunc. Held: The court has a free hand in these situations to do what was right and fair. Leave was granted. Judges: … Continue reading In Re Melinek (A Bankrupt); Bristol & West Building Society v Alexander (The Trustee Of The Property of Back) (A Bankrupt); Melinek (A Bankrupt): ChD 10 Apr 1997
At the date of the bankruptcy the bankrupt was entitled to a pension, payable in the future on his attaining the age of 65 years. He was aged 61 when the bankruptcy order was made, and 64 when it was discharged. The trustee claimed to be entitled to elect under the policy to commute part … Continue reading In Re Landau (A Bankrupt): ChD 1 Dec 1996
Applications brought within the administration of Taylor Pearson (Construction) Limited Judges: His Honour Judge Davis-White QC Citations: [2020] EWHC 2933 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 07 April 2022; Ref: scu.655628
Judges: Mrs Justice Falk Citations: [2020] EWHC 2839 (Ch) Links: Bailii Statutes: Insolvency Act 1986 239 Jurisdiction: England and Wales Insolvency Updated: 07 April 2022; Ref: scu.655615
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Citations: [2017] EWHC 2610 (Ch) Links: Bailii Statutes: Insolvency Act 1986 112 Jurisdiction: England and Wales Insolvency Updated: 05 April 2022; Ref: scu.605327
Applications for the appointment of a provisional liquidator pending the hearing of various petitions for the winding up of a group of companies, on the public interest ground Judges: Marcus Smith J Citations: [2017] EWHC 3636 (Ch) Links: Bailii Statutes: Insolvency Act 1986 135 Jurisdiction: England and Wales Company, Insolvency Updated: 05 April 2022; Ref: … Continue reading The Secretary of State for Business, Energy and Industrial Strategy v Rigil Kent Acquisitions Ltd and Others: ChD 19 Dec 2017
The section gave the court a jurisdiction to authorise payments to people would be preferred creditors in a winding up. Judges: Lewison J Citations: Times 27-Dec-2006 Statutes: Insolvency Act 1986 18(3) Jurisdiction: England and Wales Citing: Cited – Colchester Estates (Cardiff) v Carlton Industries plc ChD 30-Mar-1984 If a decision of a court has been … Continue reading In re Cromptons Leisure Machines Ltd: ChD 13 Dec 2006
Judges: David Halpern QC Citations: [2017] EWHC 2688 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 03 April 2022; Ref: scu.602610
Alleged unlawful preference Judges: Deputy ICC Judge Curl QC Citations: [2022] EWHC 395 (Ch) Links: Bailii Statutes: Insolvency Act 1986 239 Jurisdiction: England and Wales Insolvency Updated: 03 April 2022; Ref: scu.672173
Judges: Pelling QC HHJ Citations: [2017] EWHC 2807 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 02 April 2022; Ref: scu.601821
Citations: [2022] EWHC 402 (Ch) Links: Bailii Statutes: Insolvency Act 1986 168(3), Payment Services Regulations 2017 Jurisdiction: England and Wales Insolvency, Financial Services Updated: 02 April 2022; Ref: scu.672157
Liquidators seeking information from directors were allowed to undertake not to disclose any information gathered to the Serious Fraud Office. Such an undertaking having been given a former company director was not able to refuse to answer questions put to him. Citations: Times 01-May-1992, Gazette 01-Jul-1992 Statutes: Insolvency Act 1986 236(2) Jurisdiction: England and Wales … Continue reading Re Arrows Ltd (In Liquidation): Chd 1 Jul 1992
Judges: Deputy Insolvency and Companies Court Judge Agnello QC Citations: [2022] EWHC 202 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 213 Jurisdiction: England and Wales Insolvency Updated: 29 March 2022; Ref: scu.671908
Application for an injunction to restrain the respondent, St Lewis Design Ltd, from presenting a petition to wind up the applicant company, Judges: Nugee J Citations: [2016] EWHC 2678 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 28 March 2022; Ref: scu.592667
Application by insolvency practitioners as to liability for VAT of insolvent companies. Judges: Hodge QC HHJ Citations: [2016] EWHC 1932 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency, VAT Updated: 27 March 2022; Ref: scu.568632
By a Part 7 claim, the Respondent to a bankruptcy petition presented by Her Majesty’s Revenue and Customs (‘HMRC’), Emma Hope, seeks to set aside a previous judgment of the High Court, on the ground that the it was obtained as a result of fraudulent misrepresentations. The claim also seeks damages for HMRC’s ‘acts of … Continue reading Hope v Revenue and Customs: ChD 6 Apr 2017
Applications regarding disclaimer provisions of the 1986 Act. Judges: John Male QC Citations: [2017] EWHC 605 (Ch), [2017] WLR(D) 281 Links: Bailii, WLRD Statutes: Insolvency Act 1986 315 Jurisdiction: England and Wales Insolvency Updated: 24 March 2022; Ref: scu.581967
Judges: Deputy Insolvency and Companies Court Judge Greenwood Citations: [2022] EWHC 21 (Ch) Links: Bailii Statutes: Company Directors Disqualification Act 1986 6 Jurisdiction: England and Wales Company Updated: 23 March 2022; Ref: scu.671495
The court was asked whether proceedings under section 212 brought by the liquidator against a former director of the company were barred by limitation, having been brought just within 6 years after the resolution for creditors’ voluntary liquidation, but more than 6 years after the last date on which any breach of duty relied on … Continue reading Goldfarb (Liquidator of Eurocruit Europe Ltd) v Poppleton: ChD 21 Jun 2007
The trustee in bankruptcy had taken a charge on the property in 1992 to support the bankruptcy in 1988. He sought to enforce it in 2005. The chargor appealed an order which denied he was protected by limitation. Held: The appeal succeeded. Charges under the 1986 Act were unusual in that they were not preceded … Continue reading Doodes v Gotham, Perry: ChD 17 Nov 2005
Citations: [2007] EWHC 2943 (Ch) Links: Bailii Statutes: Insolvency Act 1986 112 Jurisdiction: England and Wales Insolvency Updated: 09 February 2022; Ref: scu.261960
The bankrupt’s accountants had been paid their fees by standing order. Arrears mounted and the sum was increased. On the bankruptcy, the trustee sought to recover the increased payment. The court considered whether they had been given a preference. Held: The accountants had continued to act, and therefore were not in a better position than … Continue reading Re Ledingham-Smith: ChD 1993
The liquidator sought directions from the court after former employees of the company submitted proofs of debt in respect of protective awards made for the company’s failure to consult on their redundancy before going into liquidation. Held: The Act provided one remedy only for enforcement, and the debts were not provable. At the date of … Continue reading Day v Haine and Another: ChD 19 Oct 2007
(Extra Division Inner House) The liquidator sought to have set aside the sale of a substantial hotel with golf courses on the basis that it was at an undervalue, with the buyer being aware of the seller’s potential insolvency. He appealed against a finding that the buyer had also assumed debts sufficient to give full … Continue reading Henderson v Foxworth Investments Ltd and Another: SCS 1 Mar 2013
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
Misfeasance application Judges: ICC Judge Barber Citations: [2020] EWHC 2473 (Ch) Links: Bailii Statutes: Insolvency Act 1986 212 Jurisdiction: England and Wales Insolvency Updated: 30 January 2022; Ref: scu.654526
Judges: Briggs Reg Citations: [2017] EWHC 145 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Insolvency Updated: 29 January 2022; Ref: scu.573905
Application for annulment of bankruptcies. Held: Though the judgment upon whih the order had originally been made had been obtained by fraud, that did not of itself discharge the bankruptcy. Judges: Robert Ham QC Citations: [2017] EWHC 11 (Ch) Links: Bailii Statutes: Insolvency Act 1986 264 Jurisdiction: England and Wales Insolvency Updated: 29 January 2022; … Continue reading Oraki and Another v Dean and Dean: ChD 11 Jan 2017
Application for annulment of bankruotcy order saying that the debts had been paid. Judges: Behrens HHJ Citations: [2017] EWHC 20 (Ch), [2017] WLR(D) 20 Links: Bailii, wLRD Statutes: Insolvency Act 19865 282(1)(b) Jurisdiction: England and Wales Insolvency Updated: 29 January 2022; Ref: scu.573846
A debenture was executed on 24th July 1990. Money earlier advanced by the chargee in anticipation of and in consideration for the debenture, including an advance made on 16th July 1990, had not been made ‘at the same time as’ the creation of the charge for the purposes of section 245(2) of the 1986 Act. … Continue reading Re Shoe Lace Ltd, Power v Sharp Investments Ltd: CA 1993
The court was asked whether section 375 allowed a court to review, rescind or vary an order which was previously made by that court in exercise of its jurisdiction to hear an appeal from a lower court. Arden, Lewison, McCombe LJJ [2016] WLR(D) 632, [2016] EWCA Civ 1159 Bailii, WLRD Insolvency Act 1986 375(1) England … Continue reading Sands (As Trustee In Bankruptcy) v Layne and Another: CA 29 Nov 2016
The court considered the application of statutory interest pursuant to rule 2.88 of the Insolvency Rules 1986 on debts proved in the administration of Lehman Brothers International (Europe). Hildyard J [2016] EWHC 2417 (Ch) Bailii Insolvency Act 1986, Insolvency Rules 1986 2.88 England and Wales Insolvency Updated: 23 January 2022; Ref: scu.569926
Applications alleging sales at undervalue by the now insolvent company to its former directors. David Cooke HHJ [2016] EWHC 2176 (Ch) Bailii Insolvency Act 1986 238 England and Wales Insolvency, Company Updated: 22 January 2022; Ref: scu.568895
Costs order to be made on upholding decision that the claimant was bankrupt. Held: The creditor’s appeal succeeded,and the debtor should be odered to pay the costs of the appeal. Jeremy Cousins QC HHJ [2016] EWHC 1888 (Ch), [2016] WLR(D) 444 Bailii, WLRD Insolvency Act 1986 England and Wales Insolvency, Costs Updated: 22 January 2022; … Continue reading Cooke v Dunbar Assets Plc: ChD 29 Jul 2016
The newly appointed administrators of the companies requested permission to dispense with the requirements of paras.49 and 51 of Schedule B1 of the Insolvency Act 1986. Purle QC Hhj [2013] EWHC 2581 (Ch) Bailii Insolvency Act 19865 England and Wales Insolvency Updated: 20 January 2022; Ref: scu.514974
An administrator owed a duty to the company over which he was appointed to take reasonable care to obtain the best price that the circumstances, as he reasonably perceived them to be, permitted, including a duty to take reasonable care in choosing the time at which to sell the property. A mortgagee is bound to … Continue reading Re Charnley Davies Ltd (No 2): ChD 1990
This was an appeal against a revocation of an approval of an individual voluntray arrangement. The notice to creditors inviting them to attend the meeting had been in an outdated form. Held: The creditir had given suficient evidence of his debt to be allowed to vote at the meeting. The disallowance of the vote was … Continue reading Roberts v Pinnacle Entertainment Limited: ChD 21 Oct 2003
The purposes of a liquidation, or administration or receivership of a company must include the gathering of information as to the conduct of the affairs of the company, and those who had conducted them so that the office-holder can report to the Secretary of State as he is required to do by section 7(3) of … Continue reading In re Polly Peck International plc, Ex parte the joint administrators: ChD 1994
A liquidator applied to discharge an order that had been made against him ex parte under section 234 requiring him to hand over books and records of the company in his possession to administrative receivers. Held: Hoffman J said: ‘It was wrong for the application to be made ex-parte. It is a basic principle of … Continue reading In re First Express Ltd: ChD 1991