Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

SRA wins right to recover £800,000 costs from Blavo – Legal Futures

‘The Court of Appeal has allowed the Solicitors Regulation Authority (SRA) to try and recover the £800,000 it spent intervening in collapsed law firm Blavo & Co.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Judge overturns bankruptcy order that serves “no useful purpose” – Local Government Lawyer

Posted August 29th, 2018 in bankruptcy, council tax, local government, news by sally

‘The High Court has overturned a bankruptcy order made against a woman who owed Aylesbury Vale District Council £8,067 in council tax arrears.’

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Local Government Lawyer, August 2018

Source: www.localgovernmentlawyer.co.uk

Judge wrong to give paying party benefit of doubt over implied retainer – Litigation Futures

Posted August 22nd, 2018 in bankruptcy, costs, indemnities, news, remuneration, solicitors by sally

‘A costs judge was wrong to give the paying party the benefit of the doubt when she was not sure if there was an implied retainer in existence before the written agreement, a High Court judge has ruled.’

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Litigation Futures, 21st August 2018

Source: www.litigationfutures.com

SRA bankrupts Blacker over unpaid costs – Legal Futures

Posted August 20th, 2018 in bankruptcy, disciplinary procedures, news, solicitors by sally

‘The Solicitors Regulation Authority (SRA) has made struck-off solicitor Alan Blacker bankrupt over unpaid costs.’

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Legal Futures, 20th August 2018

Source: www.legalfutures.co.uk

High Court backs bankrupt barrister in fees battle – Legal Futures

Posted August 16th, 2018 in bankruptcy, barristers, disciplinary procedures, fees, fines, news by sally

‘Any fees not yet paid to a barrister at the time of his bankruptcy do not vest in his trustee in bankruptcy if they arise on a non-contractual basis, the High Court has ruled.’

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Legal Futures, 16th August 2018

Source: www.legalfutures.co.uk

Boris Becker claims diplomatic immunity to avoid bankruptcy – The Independent

Posted June 15th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘Former world tennis number one Boris Becker has claimed diplomatic immunity from bankruptcy proceedings – citing his role as a sports attache to the Central African Republic.’

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The Independent, 15th June 2018

Source: www.independent.co.uk

The courts’ jurisdiction to vary capital orders – Family Law

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

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Family Law, 20th April 2018

Source: www.familylaw.co.uk

Shiner given extended bankruptcy order after trying to give away £500,000 – Legal Futures

Posted February 27th, 2018 in bankruptcy, disqualification, gifts, law firms, news, professional conduct, solicitors by tracey

‘Struck-off solicitor Phil Shiner has had his bankruptcy extended by five years after he gifted away nearly £500,000 worth of assets to family members before declaring himself bankrupt and was unable to pay £6.5m back to his creditors.’

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Legal Futures, 26th February 2018

Source: www.legalfutures.co.uk

A Ghost from the Past with Lessons for the Future? Grounds for a debtor’s petition under s 272(1) of the Insolvency Act 1986 – Hardwicke Chambers

Posted November 24th, 2017 in bankruptcy, debts, domicile, news by sally

‘On 20 October 2017 Registrar Derrett handed down judgment in the case of Thomas v Haederle (unreported), in which she gave reasons for dismissing a bankruptcy petition presented by the debtor (T) in the County Court at Norwich on 4 December 2014, pursuant to s 272 of the Insolvency Act 1986 (IA86), as it then was.’

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Hardwicke Chambers, 2nd November 2017

Source: www.hardwicke.co.uk

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’

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Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

The end for the Mawer v Bland order? – Hardwicke Chambers

Posted July 5th, 2017 in bankruptcy, news, statutory interpretation, trustees in bankruptcy by sally

‘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.’

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Hardwicke Chambers, 26th June 2017

Source: www.hardwicke.co.uk

Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘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).’

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4 New Square, 8th June 2017

Source: www.4newsquare.com

In re Amin Abdulla v Whelan and others – WLR Daily

Posted April 27th, 2017 in bankruptcy, landlord & tenant, law reports, leases, rent by sally

In re Amin; Abdulla v Whelan and others [2017] EWHC 605 (Ch)

‘At the time of a bankruptcy order made against him, the bankrupt held a property with another person under the terms of an underlease for a term expiring on 31 July 2018. The trustee in bankruptcy served a notice of disclaimer under section 315 of the Insolvency Act 1986 disclaiming all of its and the bankrupt’s interest in the leasehold property under the terms of the underlease. The trustee, supported by the landlords, contended that the notice of disclaimer did not end the legal estate in the underlease and that the bankrupt’s estate remained liable for the payment of the rent until the expiry of its term. A person claiming to be one of the bankrupt’s creditors contended that the notice of disclaimer disclaimed all of the bankrupt’s interest in the underlease and that the bankrupt’s estate was liable for no further rent after the disclaimer. Judgment was given in favour of the trustee and landlords.’

WLR Daily, 20th April 2017

Source: www.iclr.co.uk

DW and another v CG – WLR Daily

Posted April 27th, 2017 in bankruptcy, divorce, financial provision, matrimonial home, news by sally

DW and another v CG [2016] EWHC 2965 (Fam)

‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’

WLR Daily, November 2016

Source: www.iclr.co.uk

Finance and Divorce Update April 2017 – Family Law Week

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

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Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

Disciplinary round-up: fine for firm which failed to make client’s visa application and then lost his passport – Legal Futures

‘A north London law firm has been rebuked for misleading its client into thinking that it had made a visa application on his behalf.’

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Legal Futures, 13th January 2017

Source: www.legalfutures.co.uk

Law firm investigating VW emissions scandal hired to examine BHS – The Guardian

Posted August 12th, 2016 in administrators, bankruptcy, insolvency, law firms, news, pensions by sally

‘The US law firm investigating the diesel emissions scandal at Volkswagen is to examine the conduct of BHS directors in the run-up to the retailer’s collapse.’

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The Guardian, 11th August 2016

Source: www.guardian.co.uk

Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

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OUT-LAW.com, 29th July 2016

Source: www.out-law.com