Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG – Times Law Reports

Posted July 10th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and Others v Harms Offshore AHT “Taurus” and “Magnus” GmbH and Co KG

Court of Appeal

“Where creditors of a company in administration had attached property owned by that company in a foreign jurisdiction, the courts had power, in some circumstances, to grant injunctive relief affecting procedures in that foreign jurisdiction.”

The Times, 10th July 2009

Source: www.timesonline.co.uk

In re Stanford International Bank Ltd and others – WLR Daily

Posted July 7th, 2009 in insolvency, jurisdiction, law reports, winding up by sally

“The ‘centre of main interests’ for the purposes of the Cross-Border Insolvency Regulations 2006 must be identified by reference to factors which were both objective and ascertainable by third parties. What was ascertainable by a third party was what was in the public domain and what a typical third party would learn as a result of dealing with the company.”

WLR Daily, 6th 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.

Revenue and Customs Commissioners v Holland and another – WLR daily

Posted July 6th, 2009 in company directors, insolvency, law reports, misfeasance by sally

Revenue and Customs Commissioners v Holland and another [2009] EWCA Civ 625; [2009] WLR (D) 228

“A human director of a corporate director could in certain circumstances be regarded as a de facto director of the subject company but he would not automatically be so regarded.”

WLR Daily, 3rd 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.

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another – WLR Daily

Posted June 30th, 2009 in injunctions, insolvency, jurisdiction, law reports by sally

Bloom and others v Harms Offshore AHT “Taurus” GmbH & Co KG and another [2009] EWCA Civ 632; [2009] WLR (D) 211

“Where creditors had, in a foreign jurisdiction, attached certain property owned by a company in administration, the comity owed by the courts of different jurisdictions to each other would normally make it inappropriate for the municipal courts to grant injunctive relief affecting procedures in a court of foreign jurisdiction. However, due regard to certain relevant factors, such as the conduct of the creditors against whom the injunction was sought and the circumstances of the attachment, might justify the grant of an injunction.”

WLR Daily, 29th 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.

In re Dairy Farmers of Britain Ltd – WLR Daily

In re Dairy Farmers of Britain Ltd [2009] EWHC 1389 (Ch); [2009] WLR (D) 201

“Parliament intended that Parts I and II of the Insolvency Act 1986 should not apply to an industrial and provident society (‘IPS’), and there was no reason for adopting a different approach to Part III of the Act, either generally or with specific reference to s 72A of the Act. Further, section 37 in Part III of the Act could have no specific application to receivers of an IPS.”

WLR Daily, 19th 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.

Gresham International Ltd and others v Moonie and others – WLR Daily

Posted May 26th, 2009 in expenses, insolvency, law reports, liquidators, retrospectivity by sally

Gresham International Ltd and others v Moonie and others [2009] EWHC 1093 (Ch); [2009] WLR (D) 168

“The court had power, under its supervisory role of compulsory winding up and bankruptcy, to make orders that would effectively grant retrospective sanction to a liquidator who had issued proceedings in her name without first obtaining the sanction of the liquidation committee or the Secretary of State, as required under section 167 of the Insolvency Act 1986, notwithstanding that the criteria in r 4.184 (ii) of the Insolvency Rules as to the retrospective ratification of a liquidator’s acts had not been met.”

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.

Bolsover District Council v Dennis Rye Ltd – Times Law Reports

Posted May 19th, 2009 in cross-claims, insolvency, law reports, winding up by sally

Bolsover District Council v Dennis Rye Ltd

Court of Appeal

“A judge hearing a winding-up petition against a company, when faced with a cross-claim by the company against the petitioner, had to consider only whether the evidence before him was sufficient to satisfy him that the company’s cross-claim was not merely arguable but was genuine and serious, and not whether the company should have previously taken action on the cross-claim unless it had a good reason for not doing so.”

The Times, 19th May 2009

Source: www.timesonline.co.uk

Bolsover District council v Dennis Rye Ltd – WLR Daily

Posted May 8th, 2009 in cross-claims, insolvency, law reports, winding up by sally

Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147

Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company’s cross claim was not merely arguable but was genuine and serious, and not whether the company should have previously asserted, litigated or issued proceedings for the cross-claim unless it had a good excuse for not doing so.”

WLR Daily, 7th 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.

Fraud tempts more directors of insolvent companies – The Times

Posted May 6th, 2009 in company directors, fraud, insolvency, news by sally

“The number of directors of insolvent companies disqualified for financial crime is soaring as the recession takes hold, according to government figures.”

Full story

The Times, 4th May 2009

Source: www.timesonline.co.uk

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another – Times Law Reports

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another

Court of Appeal

“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP – WLR Daily

Posted February 18th, 2009 in insolvency, law reports, locus standi, partnerships, winding up by sally

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP; [2009] WLR (D) 57

“Although the interests and liabilities of a member of a limited liability partnership were different from those of a contributory to a limited company and those differences might lead to some changes in practice so far as petitions to wind them up were concerned, a person seeking to exercise a right to appear and be heard in court proceedings, whether as creditor or contributory, should at least claim to be a member of the class on whom that right was conferred.”

WLR Daily, 17th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Warner v Verfides (a Firm)

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) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

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 – WLR Daily

Posted October 13th, 2008 in debts, insolvency, law reports by sally

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.

Day v Haine and Another – Times Law Reports

Posted July 22nd, 2008 in EC law, insolvency, law reports, redundancy by sally

Day v Haine and Another

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.

Calm before the storm of insolvency – The Times

Posted July 10th, 2008 in insolvency, news by sally

“Vulnerable businesses are still in denial as the corporate recovery lawyers wait to mop up when the credit dam bursts.”

Full story

The Times, 10th July 2008

Source: www.timesonline.co.uk

Day v Haine and another – WLR Daily

Posted June 13th, 2008 in EC law, insolvency, law reports, redundancy by sally

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 – WLR Daily

Posted May 23rd, 2008 in insolvency, law reports, pensions by sally

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.


Law change call for bust builders – BBC News

Posted May 19th, 2008 in building law, insolvency, news by sally

“Laws need to be tightened to ensure homeowners are not out of pocket when builders go bankrupt, the housing minister for Wales has said.”

Full story

BBC News, 19th May 2008

Source: www.bbc.co.uk

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

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.