Category: debts

Administration and Enforcement Restriction Orders – Ministry of Justice

Posted January 16th, 2008 in consultations, debts, insolvency by sally

“This paper sets out for consultation the areas where secondary legislation will be used to establish the parameters required for the effective operation of both the revised Administration Order scheme and the Enforcement Restriction Order scheme.

Administration and Enforcement Restriction Orders consultation paper (PDF)

Annex A: new parts 6 and 6A of the County Courts Act 1984 (PDF)

Annex B: equality impact assessment (PDF)

Questionnaire (Word)

Ministry of Justice, 16th January 2008

Source: www.justice.gov.uk

Collier v P & M J Wright (Holdings) Ltd – WLR Daily

Posted December 17th, 2007 in bankruptcy, debts, law reports by sally

 Collier v P & M J Wright (Holdings) Ltd

“Where a debtor offered to pay part only of the amount he owed and the evidence showed the creditor voluntarily accepted that offer, and relying on that acceptance the debtor paid that part of the amount he owed in full, the creditor would be bound to accept that sum in full and final satisfaction of the whole debt by virtue of the doctrine of promissory estoppel.”

WLR Daily, 17th December 2007

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. 

Hill and Another v Haines – Times Law Reports

Posted December 12th, 2007 in bankruptcy, debts, divorce, law reports by sally

Hill and Another v Haines

“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”

The Times, 12th December 2007

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.

Hill and another v Haines – WLR Daily

Posted December 7th, 2007 in bankruptcy, debts, divorce, law reports by sally

Hill and another v Haines [2007] EWCA Civ 1284

“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”

WLR Daily, 6th December 2007

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.

Divorcee entitled to clean break from bankrupt husband, court rules – The Times

Posted December 5th, 2007 in bankruptcy, debts, divorce, news by sally

“Court of Appeal rules that Wendy Haines does not have to give up her share of the matrimonial home proceeds to pay off ex-husband’s creditors.”

Full story

The Times, 5th December 2007

Source: www.timesonline.co.uk

Divorcee who made a clean break could lose settlement after ex-husband goes bankrupt – The Times

Posted November 14th, 2007 in bankruptcy, debts, divorce, news by sally

“A woman who faces being stripped of her divorce settlement to pay for her former husband’s debts was at the centre of a test case yesterday with far-reaching implications for ‘clean break’ divorces.”

Full story

The Times, 14th November 2007

Source: www.timesonline.co.uk

Day v Haine and another – WLR Daily

Posted October 22nd, 2007 in debts, insolvency, law reports, trade unions by sally

Day v Haine and another

“Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”

WLR Daily, 22nd October 2007

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.

The debt claim process: helping people in debt to engage with the problem – Ministry of Justice

Posted September 6th, 2007 in consultations, debts by sally

“This consultation paper seeks views on options for encouraging debtor engagement and consequential possible streamlining of procedures for dealing with non-defended debt claims. It will help to inform any proposed changes on handling debt problems in England and Wales.”

Full story

Ministry of Justice, 5th September 2007

Source: www.justice.gov.uk 

Tribunals, Courts and Enforcement Act 2007

Posted July 26th, 2007 in courts, debts, legislation, tribunals by sally

Tribunals, Courts and Enforcement Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Sempra Metals Ltd. (formerly Metallgesellschaft Ltd.) v. Inland Revenue Commissioners and Another – The Times

Posted July 25th, 2007 in corporation tax, debts, interest, law reports by sally

Compound interest is payable in restitution

Sempra Metals Ltd (formerly Metallgesellschaft Ltd) v Inland Revenue Commissioners and Another

“The court had power to make an award of compound interest in a claim for restitution where such an award was necessary to achieve full justice for the claimant.”

The Times, 25th July 2007

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.

Bankrupt’s debts threaten ex-wife’s home – The Times

Posted July 20th, 2007 in bankruptcy, debts, divorce, news by sally

“A divorced woman faces being forced from her home of more than 20 years after a Court of Appeal ruling confirming that deals struck by former wives when they split with their husbands are not safe from creditors.”

Full story

The Times, 20th July 2007

Source: www.timesonline.co.uk

Analysis: Sempra has rewritten law on debt repayment – The Times

Posted July 19th, 2007 in corporation tax, debts, interest, special report by sally

“The House of Lords’ ruling in the Sempra Metals case, while ostensibly about a complicated tax issue, could challenge the foundations of English law on the repayment of debt.”

Full story

The Times, 19th July 2007

Source: www.timesonline.co.uk

A million debtors face court action – Daily Telegraph

Posted May 31st, 2007 in consumer credit, debts, news by sally

“Up to a million households struggling with rising living costs and lured by offers of easy credit will face court action over their debts this year.”

Full story

Daily Telegraph, 31st May 2007

Source: www.telegraph.co.uk