‘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
‘A well-known sports law firm has failed to convince the High Court to restrain a litigation funder from advertising a winding-up petition over a loan it has not repaid.’
Legal Futures, 28th October 2024
Source: www.legalfutures.co.uk
‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’
Gatehouse Chambers, 7th August 2024
Source: gatehouselaw.co.uk
‘This guide considers the tax implications of using a UK holding company to hold shares in other UK or overseas companies.’
OUT-LAW.com, 9th August 2024
Source: www.pinsentmasons.com
‘In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI, the Privy Council rejected the approach in Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 where the English Court of Appeal stated that insolvency proceedings should be stayed in favour of arbitration proceedings unless there are exceptional circumstances (“the Salford Approach”). This means that even if the debtor company could not show that the debt is genuinely disputed on substantial grounds (a relatively low threshold), the petitioning creditor will still have to go through the arbitration process to establish the debt before seeking a winding-up order.’
Wilberforce Chambers, 21st June 2024
Source: www.wilberforce.co.uk
‘On 12 June 2024, the Court of Appeal gave judgment in Palladian Partners LP v The Republic of Argentina [2024] EWCA Civ 641, dismissing Argentina’s appeal against a judgment of Picken J ([2023] EWHC 711 (Comm)) which awarded €1.33bn to institutional and corporate holders of certain Euro-denominated debt securities linked to Argentina’s GDP (“the Securities”) under which Argentina had failed to make payment.’
39 Essex Chambers, 14th June 2024
Source: www.39essex.com
‘A law firm can be paid from monies held in its client account despite them being subject to both a freezing order and a third-party debt order, the High Court has ruled.’
Legal Futures, 30th April 2024
Source: www.legalfutures.co.uk
‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’
Law Society's Gazette, 19th April 2024
Source: www.lawgazette.co.uk
‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’
Gatehouse Chambers, 18th March 2024
Source: gatehouselaw.co.uk
‘The number of households seeking help to deal with court action over their unpaid energy bills has doubled in the last year, according to Citizens Advice.’
The Guardian, 5th April 2024
Source: www.theguardian.com
‘UK regulators are warning they will take “robust action” against firms that are putting consumers’ mental health at risk by using threatening tones and inundating already-vulnerable borrowers with letters, calls and emails, about their debts.’
The Guardian, 18th March 2024
Source: www.theguardian.com
‘A coroner has criticised the Department for Work and Pensions (DWP) after a woman died from an overdose in the wake of a six-month official investigation that left her with soaring universal credit debts.’
The Guardian, 10th March 2024
Source: www.theguardian.com
‘Former sub-postmaster Jo Hamilton says she feels “survivor’s guilt” after settling with the Post Office over the Horizon IT scandal for an undisclosed sum.’
BBC News, 5th March 2024
Source: www.bbc.co.uk
‘As we all know, the Judgments Act 1832 (s.17) and orders made under it prescribe the rate of interest ordinarily payable on a judgment debt. The rate, which is rarely changed, used normally to be significantly higher than the likely cost to an ordinary borrower of borrowing. One can say that, as a matter of both principle and commercial sense, the judgment creditor should be paid by the judgment debtor at least as much interest as the creditor may be
losing by any delay, and that it should be made more expensive for the judgment debtor to delay payment rather than to pay promptly. (The problem has yet to be addressed that in the wider world the rates of interest payable by private individuals on overdrafts or credit cards substantially exceed the Judgments Act rate).’
Hailsham Chambers, 28th November 2023
Source: www.hailshamchambers.com
‘Four people have been charged with fraud connected to the collapse of bakery chain Patisserie Valerie in 2019.’
BBC News, 13th September 2023
Source: www.bbc.co.uk
‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’
Law Society's Gazette, 11th August 2023
Source: www.lawgazette.co.uk
‘Mayfair casino Aspinall’s has succeeded in a claim against a high rolling gambler who maintained that his £590,000 losses were unenforceable because he had been drunk when he placed his bets. In Aspinall’s Club Ltd v Lester Hui, Mr Justice Cotter lamented that the 10-day hearing had been “beset with difficulties” including unsatisfactory disclosure and a trial bundle containing “well over 1,500 pages”.’
Law Society's Gazette, 8th August 2023
Source: www.lawgazette.co.uk
‘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
‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.
In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’
UK Human Rights Blog, 29th June 2023
Source: ukhumanrightsblog.com
© Inner Temple Library 2024