Category: bankruptcy

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

Posted May 20th, 2019 in abuse of position of trust, appeals, bankruptcy, bullying, charities, defamation, freedom of expression, judges, litigants in person, media, news, public interest by tracey

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Barrister’s non-contractual fees “vest in trustee in bankruptcy” – Legal Futures

Posted April 15th, 2019 in bankruptcy, barristers, fees, insolvency, news, trustees in bankruptcy by michael

‘A barrister’s non-contractual fees are property for the purposes of insolvency law and vest in his trustee in bankruptcy, the Court of Appeal has ruled.’

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Legal Futures, 15th April 2019

Source: www.legalfutures.co.uk

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

HMRC statutory demand upheld against guarantor – OUT-LAW.com

Posted January 25th, 2019 in bankruptcy, enforcement, guarantees, news, statutory demands by tracey

‘The High Court in England has ruled that a statutory demand based on a judgment debt is valid, despite the judgment debt arising from a guarantee which prohibited the creditor from enforcing the guarantee in bankruptcy proceedings. The High Court also clarified that judgment interest and costs do not form part of the debt and can be enforced separately.’

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OUT-LAW.com, 24th January 2019

Source: www.out-law.com

Nuisance call bosses face £500,000 fines – BBC News

Posted December 17th, 2018 in bankruptcy, consumer protection, fines, news, nuisance, statistics, telecommunications by sally

‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’

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BBC News, 17th December 2018

Source: www.bbc.co.uk

Boris Becker ends diplomatic immunity defence from bankruptcy – The Guardian

Posted December 4th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘The former world No 1 tennis player Boris Becker has dropped his claim to have diplomatic immunity from bankruptcy. The three-time Wimbledon champion had argued his appointment by the Central African Republic as a sporting, cultural and humanitarian attache to the European Union meant he could not be subjected to legal proceedings.’

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The Guardian, 3rd December 2018

Source: www.theguardian.com

Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

SRA wins right to recover £800,000 costs from Blavo – Legal Futures

Posted October 17th, 2018 in appeals, assets recovery, bankruptcy, deceit, insolvency, law firms, licensing, news, Solicitors Regulation Authority by sally

‘The Court of Appeal has allowed the Solicitors Regulation Authority (SRA) to try and recover the £800,000 it spent intervening in collapsed law firm Blavo & Co.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Judge overturns bankruptcy order that serves “no useful purpose” – Local Government Lawyer

Posted August 29th, 2018 in bankruptcy, council tax, local government, news by sally

‘The High Court has overturned a bankruptcy order made against a woman who owed Aylesbury Vale District Council £8,067 in council tax arrears.’

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Local Government Lawyer, August 2018

Source: www.localgovernmentlawyer.co.uk

Judge wrong to give paying party benefit of doubt over implied retainer – Litigation Futures

Posted August 22nd, 2018 in bankruptcy, costs, indemnities, news, remuneration, solicitors by sally

‘A costs judge was wrong to give the paying party the benefit of the doubt when she was not sure if there was an implied retainer in existence before the written agreement, a High Court judge has ruled.’

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Litigation Futures, 21st August 2018

Source: www.litigationfutures.com

SRA bankrupts Blacker over unpaid costs – Legal Futures

Posted August 20th, 2018 in bankruptcy, disciplinary procedures, news, solicitors by sally

‘The Solicitors Regulation Authority (SRA) has made struck-off solicitor Alan Blacker bankrupt over unpaid costs.’

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Legal Futures, 20th August 2018

Source: www.legalfutures.co.uk

High Court backs bankrupt barrister in fees battle – Legal Futures

Posted August 16th, 2018 in bankruptcy, barristers, disciplinary procedures, fees, fines, news by sally

‘Any fees not yet paid to a barrister at the time of his bankruptcy do not vest in his trustee in bankruptcy if they arise on a non-contractual basis, the High Court has ruled.’

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Legal Futures, 16th August 2018

Source: www.legalfutures.co.uk

Boris Becker claims diplomatic immunity to avoid bankruptcy – The Independent

Posted June 15th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘Former world tennis number one Boris Becker has claimed diplomatic immunity from bankruptcy proceedings – citing his role as a sports attache to the Central African Republic.’

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The Independent, 15th June 2018

Source: www.independent.co.uk

The courts’ jurisdiction to vary capital orders – Family Law

Posted April 23rd, 2018 in bankruptcy, consent orders, financial provision, jurisdiction, news, setting aside by tracey

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

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Family Law, 20th April 2018

Source: www.familylaw.co.uk

Shiner given extended bankruptcy order after trying to give away £500,000 – Legal Futures

Posted February 27th, 2018 in bankruptcy, disqualification, gifts, law firms, news, professional conduct, solicitors by tracey

‘Struck-off solicitor Phil Shiner has had his bankruptcy extended by five years after he gifted away nearly £500,000 worth of assets to family members before declaring himself bankrupt and was unable to pay £6.5m back to his creditors.’

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Legal Futures, 26th February 2018

Source: www.legalfutures.co.uk

A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers

Posted November 24th, 2017 in bankruptcy, debts, domicile, news by sally

‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’

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Hardwicke Chambers, 2nd November 2017

Source: www.hardwicke.co.uk

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’

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Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

The end for the Mawer v Bland order? – Hardwicke Chambers

Posted July 5th, 2017 in bankruptcy, news, statutory interpretation, trustees in bankruptcy by sally

‘In an earlier edition of this publication I identified what appeared to be a growing trend for the making of a draconian form of order suspending the discharge of bankruptcies.’

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Hardwicke Chambers, 26th June 2017

Source: www.hardwicke.co.uk

Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’

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4 New Square, 8th June 2017

Source: www.4newsquare.com

In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017

Source: www.iclr.co.uk