‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’
Gatehouse Chambers, 20th November 2024
Source: gatehouselaw.co.uk
‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’
Legal Futures, 11th November 2024
Source: www.legalfutures.co.uk
‘A solicitor accused of negligence by clients who changed their minds over a mediation settlement in fact acted competently, the High Court has ruled in a long-running litigation over a businessman’s bankruptcy. Even if negligence had been shown, the failure to show it caused any loss would have been fatal to the claim, His Honour Judge Paul Matthews ruled in Sandra Blower v GH Canfields LLP.’
Law Society's Gazette, 8th November 2024
Source: www.lawgazette.co.uk
‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’
33 Bedford Row, 1st October 2024
Source: www.33bedfordrow.co.uk
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’
House of Commons Library , 29th October 2021
Source: commonslibrary.parliament.uk
‘A man does not have to continue making payments after he was discharged from a first bankruptcy and made bankrupt for a second time, the Court of Appeal in England has ruled.’
OUT-LAW.com, 8th August 2019
Source: www.pinsentmasons.com
‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’
UKSC Blog, 31st October 2018
Source: ukscblog.com
‘In an earlier edition of this publication I identified what appeared to be a growing trend for the making of a draconian form of order suspending the discharge of bankruptcies.’
Hardwicke Chambers, 26th June 2017
Source: www.hardwicke.co.uk
‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’
4 New Square, 8th June 2017
Source: www.4newsquare.com
‘The Court of Appeal has upheld an injunction that international law firm Dechert has to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’
Litigation Futures, 21st November 2016
Source: www.litigationfutures.co.uk
‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
‘In a recent decision the Companies Court has held that trustees in bankruptcy do not need to satisfy the actual registration requirements set out in s.124(2)(b) of the Insolvency Act 1986 (“IA”) before presenting a just and equitable winding-up petition. For the first time, the decision in Stratford Edward Hamilton & James Ashley Dowers (Trustees in Bankruptcy of Charles Newell Brown) v Maureen Frances Brown & C&MB Holdings Ltd [2016] EWHC 191 (Ch)puts bankruptcy trustees in the same position as they are in with respect to unfair prejudice petitions and means that they do not have to wait a minimum of six months following their appointment to have the necessary locus to present a just and equitable winding up petition.’
New Square Chambers, 11th April 2016
Source: www.newsquarechambers.co.uk
‘This was an appeal arising from a claim for possession against three properties by the trustee in bankruptcy of a bankrupt landlord. The Lawtel note rather confusingly refers to it as “accelerated possession proceedings for an order for sale”, which it can’t possibly have been.’
Nearly Legal, 22nd November 2015
Source: www.nearlylegal.co.uk
‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’
Family Law Week, 22nd June 2015
Source: www.familylawweek.co.uk
‘A trustee looking after the affairs of a bankrupt law firm has been refused permission to claim costs from the client accounts of the practice.’
Law Society’s Gazette, 5th June 2015
Source: www.lawgazette.co.uk
‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’
Full story (PDF)
11 Stone Buildings, 15th April 2015
Source: www.11sb.com
‘Trustees in bankruptcy should not be able to access a bankrupt pension scheme member’s savings for the purposes of paying off debts, a High Court judge has ruled, contradicting a 2012 decision of the same court.’
OUT-LAW.com, 8th January 2015
Source: www.out-law.com
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