‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’
Gatehouse Chambers, 20th November 2024
Source: gatehouselaw.co.uk
‘Birmingham city council has reached an agreement to settle historical equal pay claims that left the authority with liabilities estimated at £760m and pushed it into effective bankruptcy.’
The Guardian, 10th December 2024
Source: www.theguardian.com
‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’
Legal Futures, 11th November 2024
Source: www.legalfutures.co.uk
‘A solicitor accused of negligence by clients who changed their minds over a mediation settlement in fact acted competently, the High Court has ruled in a long-running litigation over a businessman’s bankruptcy. Even if negligence had been shown, the failure to show it caused any loss would have been fatal to the claim, His Honour Judge Paul Matthews ruled in Sandra Blower v GH Canfields LLP.’
Law Society's Gazette, 8th November 2024
Source: www.lawgazette.co.uk
‘Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one’
Local Government Lawyer, 1st November 2024
Source: www.localgovernmentlawyer.co.uk
‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’
33 Bedford Row, 1st October 2024
Source: www.33bedfordrow.co.uk
‘Financial remedies practitioners are well-accustomed to advising parties in straitened financial circumstances. Often the central question is how to stretch the available resources to ensure both parties have a roof over their heads. However, when one or both parties find themselves in serious financial difficulty, a less familiar issue may arise: the interplay between the Insolvency Act 1986 (IA 1986) and the Matrimonial Causes Act 1973 (MCA 1973).
In this article, the authors will comment on the recent case of Gudmundsson v Lin [2024] EWHC 1576 (Fam) to explain how bankruptcy proceedings can alter the computational landscape of a case and, at times, undermine the intentions of the Financial Remedies Court.’
Financial Remedies Journal, 1st October 2024
Source: financialremediesjournal.com
‘They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg.’
Financial Remedies Journal, 9th September 2024
Source: financialremediesjournal.com
‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’
Pensions Barrister, 27th July 2023
Source: www.pensionsbarrister.com
‘Croydon Council wants to take legal action against its former chief executive in a bid to recover some of her settlement of more than £400,000.’
BBC News, 24th March 2023
Source: www.bbc.co.uk
‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’
Family Law Week, 15th September 2022
Source: www.familylawweek.co.uk
‘Despite the UK’s intention to be a global leader in cryptoassets, the courts are still wrestling with the basics: Rachel Coyle of 36 Commercial explains why it’s time to get to grips with the insolvency context.’
New Law Journal, 8th July 2022
Source: www.newlawjournal.co.uk
‘Tommy Robinson has failed to appear at the High Court for questioning over his finances after losing a libel case brought against him by a teenager.’
BBC News, 22nd March 2022
Source: www.bbc.co.uk
‘The accounting regulator, the Financial Reporting Council (FRC), found “a serious lack of competence” in KPMG’s 2017 audit of the company, which collapsed within nine months of the accounts being signed off.’
The Guardian, 19th January 2022
Source: www.theguardian.com
‘In England and Wales, there should only be one bankruptcy petition against a debtor at any one time. As stated in Re Maud [2020] EWHC 1469 (also known as Edgeworth Capital (Luxembourg) Sarl v Maud)(‘Re Maud’), by Snowden J, at paragraph 98:
“Consistent with the principle that a bankruptcy petition is a class remedy, the legislation, rules and court practice are generally based upon the notion that there should only be one petition against a debtor at any one time.”‘
33 Bedford Row, 14th October 2021
Source: www.33bedfordrow.co.uk
‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’
House of Commons Library , 29th October 2021
Source: commonslibrary.parliament.uk
‘This Commons briefing paper provides a outline of bankruptcy procedures in England and Wales.’
House of Commons Library , 27th October 2021
Source: commonslibrary.parliament.uk
‘Where a creditors’ winding up petition is presented and the petitioner seeks a winding up order under section 122(1)(f) of the Insolvency Act 1986, and the debtor/respondent company does not resist or its points of defence/opposition prove unmeritorious, the petitioner will be entitled to a winding up order as of right (in Latin, ex debito justitiae). However, this “as of right” entitlement only relates to the relationship between the petitioner and the debtor/respondent (‘debtor’). Where the debtor has only one creditor, i.e. the petitioning creditor, there will be no other, wider interests, to consider (leaving aside the rare intrusion of contributories’ interests). However, where the debtor has other creditors, those other creditors may wish[5] for their voices to be heard as to whether the Companies Court should, under section 125 of the Insolvency Act 1986: (i) make the winding up order; (ii) dismiss the petition; or (iii) make some other order, for instance, to adjourn/stay the winding up petition pending some other event (e.g. a vote on an creditors voluntary arrangement proposal).’
33 Bedford Row, 1st August 2021
Source: www.33bedfordrow.co.uk
© Inner Temple Library 2024