Couple must repay £10.4 million after ripping off struggling firms to live high life on yachts – Crown Prosecution Service

Posted September 13th, 2019 in assets recovery, banking, bankruptcy, fraud, loans, news, proceeds of crime by tracey

‘A couple who made a fortune bankrupting companies to fund their lavish lifestyle have today been ordered to repay more than £10million.’

Full Story

Crown Prosecution Service, 12th September 2019

Source: www.cps.gov.uk

Payments from discharged bankrupt ‘should not continue after second bankruptcy’ – OUT-LAW.com

Posted August 9th, 2019 in appeals, bankruptcy, debts, news, trustees in bankruptcy by tracey

‘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.’

Full Story

OUT-LAW.com, 8th August 2019

Source: www.pinsentmasons.com

High court judge leads inquiry into London Capital & Finance scandal – The Guardian

‘The government has launched an independent inquiry into the collapse of London Capital & Finance, the investment firm at the centre of a mounting £236m financial scandal in which thousands of investors lost money. Dame Elizabeth Gloster, a leading high court judge specialising in corporate failures, finance and fraud, will lead the investigation into the company and the oversight of the City watchdog ahead of its collapse.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

Full Story

Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Barrister’s non-contractual fees “vest in trustee in bankruptcy” – Legal Futures

Posted April 15th, 2019 in bankruptcy, barristers, fees, insolvency, news, trustees in bankruptcy by michael

‘A barrister’s non-contractual fees are property for the purposes of insolvency law and vest in his trustee in bankruptcy, the Court of Appeal has ruled.’

Full Story

Legal Futures, 15th April 2019

Source: www.legalfutures.co.uk

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

Full Story

OUT-LAW.com, 27th February 2019

Source: www.out-law.com

HMRC statutory demand upheld against guarantor – OUT-LAW.com

Posted January 25th, 2019 in bankruptcy, enforcement, guarantees, news, statutory demands by tracey

‘The High Court in England has ruled that a statutory demand based on a judgment debt is valid, despite the judgment debt arising from a guarantee which prohibited the creditor from enforcing the guarantee in bankruptcy proceedings. The High Court also clarified that judgment interest and costs do not form part of the debt and can be enforced separately.’

Full Story

OUT-LAW.com, 24th January 2019

Source: www.out-law.com

Nuisance call bosses face £500,000 fines – BBC News

Posted December 17th, 2018 in bankruptcy, consumer protection, fines, news, nuisance, statistics, telecommunications by sally

‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’

Full Story

BBC News, 17th December 2018

Source: www.bbc.co.uk

Boris Becker ends diplomatic immunity defence from bankruptcy – The Guardian

Posted December 4th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘The former world No 1 tennis player Boris Becker has dropped his claim to have diplomatic immunity from bankruptcy. The three-time Wimbledon champion had argued his appointment by the Central African Republic as a sporting, cultural and humanitarian attache to the European Union meant he could not be subjected to legal proceedings.’

Full Story

The Guardian, 3rd December 2018

Source: www.theguardian.com

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’.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk