Corgi Hosiery fined over factory asbestos removal – BBC News
“A company in Carmarthenshire has been fined £25,000 after being found guilty of failing to protect its employees from asbestos.”
BBC News, 2nd March 2012
Source: www.bbc.co.uk
Category: bankruptcy
Blight and others v Brewster – WLR Daily
Blight and others v Brewster: [2012] EWHC 165 (Ch); [2012] WLR (D) 26
“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”
WLR Daily, 9th February 2012
Source: www.iclr.co.uk
McGuinness v Norwich and Peterborough Building Society – WLR Daily
McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286; [2011] WLR (D) 324
“A petition in bankruptcy against a guarantor could be founded, in certain circumstances, upon a guarantee which had contained a ‘see to it’ clause.”
WLR Daily, 9th November 2011
Source: www.iclr.co.uk
White v Davenham Trust Ltd – WLR Daily
White v Davenham Trust Ltd [2011] EWCA Civ 747; [2011] WLR (D) 212
“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”
WLR Daily, 28th June 2011
Source: www.iclr.co.uk
Child Maintenance and Enforcement Commission v Beesley and another – WLR Daily
“The Child Maintenance and Enforcement Commission was not a creditor of a non-resident parent of a child, who was in arrears as to payment of child support and had other debts, and was therefore not capable of being bound by his individual voluntary arrangement within the meaning of s 260(2)(b) of the Insolvency Act 1986.”
WLR Daily, 29th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
White v Davenham Trust Ltd – WLR Daily
White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2010] WLR (D) 272
“The mere existence of a secured remedy against another party was not a substantial ground for refusing to allow a creditor to pursue a remedy in bankruptcy against a surety.”
WLR Daily, 2nd November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Property tycoon in £400m divorce battle declared bankrupt – The Independent
“A tycoon fixer who is fighting a bitter divorce case from his estranged wife over claims that he has hidden his £400m fortune has been declared bankrupt by the taxman.”
The Independent, 23rd April 2010
Source: www.independent.co.uk
Rugby agent jailed for money scam – BBC News
“A former sporting agent with a ‘liking for the fine life’ has been jailed for a finance scam totalling £481,000.”
BBC News, 7th September 2009
Source: www.bbc.co.uk
Rubin and another v Eurofinance SAand others – WLR Daily
Rubin and another v Eurofinance SAand others [2009] WLR (D) 282
“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”
WLR Daily, 6th August 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Windatt (trustee in banruptcy of Wright) v Wright and another – WLR Daily
Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270
“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”
WLR Daily, 31st July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Octagon Assets Ltd v Remblance and Another – Times Law Reports
Octagon Assets Ltd v Remblance and Another
Court of Appeal
“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”
The Times, 27th July 2009
Source: www.timesonline.co.uk
Octagon v Remblance and another – WLR Daily
Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196
“In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one of the conditions in r 6.5(4)(a) of the Insolvency Rules 1986, merely because the guarantor could afford to pay the debt. Moreover, where the tenant’s and guarantor’s liability were co-extensive and there were no good reasons for distinguishing between the position of the guarantor and that which would obtain if the tenant applied under r 6.5(4)(a) to set aside a statutory demand, justice and r 6.5(4)(d) of the 1986 Rules demanded that a statutory demand obtained against the guarantor should be set aside.”
WLR Daily, 18th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Official Receiver v McKay – WLR Daily
Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191
“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer existed at the time the annulment order was made, without investigating whether the proven debt had been fully paid or expunged.”
WLR Daily, 17th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Lewis and another v Metropolitan Property Realisations Ltd – WLR Daily
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189
“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”
WLR Daily, 17th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Everitt v Budhram (a bankrupt) and another – WLR Daily
Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167
“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”
WLR Daily, 21st May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re Rottmann (a Bankrupt) – Times Law Reports
Court of Appeal
“The court had power to order the examination of a bankrupt be conducted in private where foreign criminal proceedings had been instituted against him.”
The Times, 27th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Rottmann v Brittain; In re Rottmann (a bankrupt) – WLR Daily
Rottmann v Brittain; In re Rottmann (a bankrupt); [2009] WLR (D) 101
“The court had power to suspend the public examination of a bankrupt pursuant to s 290 of the Insolvency Act 1986 and order the examination to be conducted in private where foreign criminal proceedings had been instituted against the bankrupt.”
WLR Daily, 18th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.
Truex v Toll – WLR Daily
Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85
“In respect of fees owed to a solicitor by a client, an unliquidated sum did not become liquidated by a mere admission unsupported by consideration.”
WLR Daily, 9th March 2009
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another – Times Law Reports
In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another
Chancery Division
“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”
The Times, 9th December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
French v Barcham and Another – Times Law Reports
Chancery Division
“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”
The Times, 24th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
