Refusnik rev: the vicar ​whose council tax protest could put him in jail – The Guardian

‘Retired clergyman Paul Nicolson, who is refusing to pay council tax in solidarity with those hit by benefit cuts, explains why he’s happy to take the consequences.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

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Dentist jailed for extracting £1m out of patients and friends in six-year property investment con – Daily Telegraph

Posted June 7th, 2016 in bankruptcy, dentists, elderly, fraud, news, proceeds of crime, sentencing by tracey

‘A dentist who extracted more than £1 million from patients and friends in property investment con has been jailed for six years.’

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Daily Telegraph, 7th June 2016

Source: www.telegraph.co.uk

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Direct access barrister ‘no substitute’ for solicitor – judge – Law Society’s Gazette

‘Direct access barristers are no substitute for experienced solicitors, a judge has told a court, ruling that a woman was not advised on the proper process for appealing her council tax liability. ‘

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Law Society’s Gazette, 24th April 2016

Source: www.lawgazette.co.uk

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Judge concerned at council tax enforcement and Valuation Tribunal appeals uncertainty – Local Government Lawyer

Posted April 20th, 2016 in bankruptcy, council tax, enforcement, news, tribunals, valuation by sally

‘A High Court judge has expressed concern at “the substantial degree of uncertainty that exists” in relation to how the courts, both magistrates and the bankruptcy county court, should deal with the enforcement of domestic council tax liability orders in the context of the availability of the remedy by way of appeal to the Valuation Tribunal.’

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Local Government Lawyer, 19th April 2016

Source: www.localgovernmentlawyer.co.uk

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Just and Equitable Winding – Up & Bankruptcy Trustees – New Square Chambers

‘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.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

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High Court Confirms that the Insolvency Rules Can Waive Defects in Service of a Bankruptcy Petition – Littleton Chambers

Posted February 24th, 2016 in bankruptcy, news, regulations, service by sally

‘The detailed procedural requirements of the Insolvency Rules 1986 make inadvertent breach a perpetual possibility. Debtors often try to take steps to frustrate the process, and may rely on such breaches to do so. A common tactic is to evade personal service. The Court is therefore faced with a need to balance the protections these procedural requirements establish against the possibility of their exploitation by unscrupulous debtors.’

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Littleton Chambers, 5th February 2016

Source: www.littletonchambers.com

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Possession claims by trustee in bankruptcy – Nearly Legal

‘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.’

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Nearly Legal, 22nd November 2015

Source: www.nearlylegal.co.uk

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Colwyn Bay Pier ownership legal challenge fails – BBC News

Posted October 28th, 2015 in appeals, bankruptcy, health & safety, local government, news by sally

‘A businessman has failed in a high court bid to regain ownership of a derelict Colwyn Bay pier.’

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BBC News, 27th October 2015

Source: www.bbc.co.uk

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Jackson urges government to end insolvency litigation exemption from his reforms –

‘Lord Justice Jackson has called for the recently extended exemption for insolvency cases from the impact of his reforms to come to an end, describing recoverability as “an instrument of oppression, which is liable to crush defendants who have a good defence”.’

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Litigation Futures, 20th October 2015

Source: www.litigationfutures.com

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Jackson: drop ‘oppressive’ exemption to my rules – Law Society’s Gazette

Posted October 21st, 2015 in bankruptcy, civil justice, civil procedure rules, costs, insolvency, news by sally

‘Lord Justice Jackson has urged the government to ditch one of the final exemptions to his civil justice reforms.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

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Finance & Divorce Update September 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015.’

Full story

Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

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Asset acquisitions revisited – Competition Bulletin from Blackstone Chambers

Posted September 2nd, 2015 in appeals, bankruptcy, mergers, news, transfer of undertakings by sally

‘Earlier this year, I suggested that the law on when an asset acquisition might amount to a merger was somewhat opaque. The Court of Appeal’s decision in Eurotunnel II [2015] EWCA Civ 487 has brought some additional clarity, although the messy procedural history of that case has caused its own problems.’

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Competition Bulletin from Blackstone Chambers, 1st September 2015

Source: www.competitionbulletin.com

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High Court: up to directors to prove they took ‘every step’ to minimise potential loss to creditors – OUT-LAW.com

Posted August 10th, 2015 in bankruptcy, company directors, fraud, insolvency, interpretation, liquidators, news by sally

‘It is up to the directors of an insolvent company to prove that they took “every step” to minimise the potential loss to creditors as soon as they knew that the company could not reasonably avoid liquidation, the High Court has confirmed.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com

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Solicitor ducks regulatory burden by becoming McKenzie Friend – Legal Futures

Posted August 6th, 2015 in bankruptcy, legal representation, McKenzie friends, news, solicitors by sally

A solicitor who became a professional McKenzie Friend after 20 years in practise, has hit out at the burden imposed on high street practitioners, which he said cost him almost £2m and pushed him into personal bankruptcy.
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Legal Futures, 6th August 2015

Source: www.legalfutures.co.uk

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Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

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Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

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Bankruptcy trustee barred from charging costs to client account – Law Society’s Gazette

Posted June 5th, 2015 in bankruptcy, client accounts, costs, news, trustees in bankruptcy by tracey

‘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.’

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Law Society’s Gazette, 5th June 2015

Source: www.lawgazette.co.uk

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Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

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Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘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

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Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) [2015] EWHC 932 (Ch); [2015] WLR (D) 164

‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

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