Chancery Division
“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”
The Times, 6th November 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.
Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338
“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 31st October 2008
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 Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311
“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”
WLR Daily, 10th October 2008
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.
Court of Appeal
“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”
The Times, 22nd 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.
“Vulnerable businesses are still in denial as the corporate recovery lawyers wait to mop up when the credit dam bursts.”
The Times, 10th July 2008
Source: www.timesonline.co.uk
Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188
“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”
WLR Daily, 12th June 2008
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 Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166
“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”
WLR Daily, 23rd May 2008
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.
“Laws need to be tightened to ensure homeowners are not out of pocket when builders go bankrupt, the housing minister for Wales has said.”
BBC News, 19th May 2008
Source: www.bbc.co.uk
McGrath and Others v Riddell and Another
House of Lords
“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”
The Times, 11th April 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.
McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101
“If the country of the principal winding up of an insolvent company was a designated ‘relevant country’ for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators for distribution according to the foreign law even if, under that law, there would be a class of preferential creditors who would not have had priority under English insolvency law.”
WLR Daily, 10th April 2008
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.
Regina (Griffin) v Richmond Magistrates Court
Queen’s Bench Divisional Court
“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”
The Times, 31st March 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.
“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”
WLR Daily, 18th March 2008
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 provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”
WLR Daily, 6th February 2008
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.
R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13
“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 28th January 2008
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.
“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
“The only companies that could fall within the term “other appointee”, as contained in Sch 15 to the Greater London Authority Act 1999, were public private partnership companies in whose favour there was under a scheme the transfer of property, rights and liabilities from an existing appointee.”
WLR Daily, 26th November 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.
Judge’s order inappropriate
Court of Appeal
“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”
The Times, 13th November 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.
“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.
No priority for liability to dismissal damages
In re Leeds United Association Football Club Ltd
“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”
The Times, 4th September 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.
Declaration of criminality made in civil proceedings
Chancery Division
“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”
The Times, 14th August 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.
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