Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551
‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
Hayes v Butters and another [2014] WLR (D) 536
‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’
WLR Daily, 10th December 2014
Source: www.iclr.co.uk
In re MF Global UK Ltd (in special administration) (No 5): [2014] EWHC 2222 (Ch); [2014] WLR (D) 294
‘There was nothing in the rules contained in Chapters 7 and 7A of the Client Assets Sourcebook (“CASS 7 and 7A”), which formed part of the Financial Services Authority Handbook, which expressly excluded the statutory power of compromise contained in section 15 of the Trustee Act 1925.’
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56
‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
‘Where the tenant of a long lease became bankrupt, a notice claiming to exercise the right of enfranchisement, pursuant to Part I of the Leasehold Reform Act 1967, served in the name of the bankrupt tenant by a receiver, appointed by a sub-chargee of the property, was invalid as by the time the notice was served the tenant was no longer the tenant as his tenancy had vested in his trustee in bankruptcy.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Prime Sight Ltd v Lavarello [2013] UKPC 22; [2013] WLR (D) 514
‘When a deed contained a valid contract of sale the parties were entitled on ordinary contractual principles to rely on the terms of the deed by which the purchase price was treated between the parties as having been paid, even though no payment had in fact been made. In those circumstances the seller’s trustee in bankruptcy was estopped by the terms of the deed from asserting that the purchase price had not been paid.’
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”
Sports Law Bulletin from Blackstone Chambers, 20th May 2013
Source: www.sportslawbulletin.org
Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345
“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch); [2012] WLR (D) 115
“A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.”
WLR Daily, 4th April 2012
Source: www.iclr.co.uk
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189
“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”
WLR Daily, 17th 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.
Everitt v Budhram (a bankrupt) and another [2009] WLR (D) 167
“The ‘needs’ of a bankrupt within s 335A(2) of the Insolvency Act 1986 should be given a wide interpretation and could include his financial, medical, emotional and mental needs.”
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.
Lewis and Another v Metropolitan Property Realizations Ltd
Chancery Division
“A trustee in bankruptcy who sold the estate’s interest for deferred contingent consideration ‘realised’ the interest within the meaning of section 283A(3)(a) of the Insolvency Act 1986.”
The Times, 9th December 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.
“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”
WLR Daily, 13th November 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.
Donaldson v O’Sullivan (Official Receiver intervening)
Court of Appeal
“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from that office under section 298 of that Act, without a creditors’ meeting.”
The Times, 6th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.
Donaldson v O’Sullivan (Official Receiver intervening) [2008] EWCA Civ 879; [2008] WLR (D) 275
“The court had power under the Insolvency Act 1986 to appoint a replacement trustee in bankruptcy following the removal of a person from such an office under s 298 of that Act, and it was not a requirement that a creditors’ meeting should make such an appointment.”
WLR Daily, 1st August 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.
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