Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in April.’

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Family Law Week, 17th May 2014


Salliss v Hunt – WLR Daily

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


Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily

Helman v Keepers and Governors of the Possessions, Revenues and Goods of the Free Grammar School of John Lyon [2014] EWCA Civ 17; [2014] WLR (D) 20

‘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


Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014


Young v Young – An Analysis of the Judgment – Family Law Week

Posted December 2nd, 2013 in bankruptcy, contempt of court, costs, disclosure, divorce, news by sally

‘Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to “as complicated a financial remedies case as has been dealt with by the courts”.’

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Family Law Week, 2nd December 2013


Judge sums up divorce tycoon Scot Young as a ‘fraudster’ – The Independent

Posted November 18th, 2013 in bankruptcy, divorce, fraud, news, solicitors by sally

“The bankrupt tycoon embroiled in Britain’s most high-profile divorce has been labelled a ‘fraudster’ in a separate High Court judgment. Scot Young, a property and telecoms magnate in the middle of an acrimonious battle against his estranged wife, has been caught up in separate litigation involving a former lawyer and one of his alleged creditors.”

Full story

The Independent, 17th November 2013


Smith-Evans v Smailes – WLR Daily

Posted November 8th, 2013 in bankruptcy, individual voluntary arrangements, insolvency, law reports by tracey

Smith-Evans v Smailes: [2013] EWHC 3199 (Ch);   [2013] WLR (D)  423

“Where the chairman of a creditors’ meeting summoned under section 257 of the Insolvency Act 1986 had reported the meeting’s approval of a proposed voluntary arrangement to the court, the only route of challenge was under section 262 of the 1986 Act. That was so even if the meeting itself had not approved the arrangement, because the chairman had exceeded the terms of proxies that he held so there had in fact not been a 75% majority in favour of approval.”

WLR Daily, 29th July 2013


Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

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Technology Law Update, 2nd September 2013


Divorcing a bankrupt, Part II: where insolvency law meets financial remedies – Family Law Week

Posted July 3rd, 2013 in bankruptcy, divorce, financial provision, matrimonial home, news, pensions by sally

“Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order.”

Full story

Family Law Week, 28th June 2013


Hunt v Conwy County Borough Council – WLR Daily

Hunt v Conwy County Borough Council [2013] EWHC 1154 (Ch); [2013] WLR (D) 205

“It was open to the court to entertain an application under section 320(2)(c) to vest a dwelling in its occupants notwithstanding that the applicant occupied only part of the disclaimed property as his dwelling house and it was open to the court, on such an application, to make an order relating to only a part of the disclaimed property.”

WLR Daily, 8th May 2013


Kerry Katona payday loan ad banned for being irresponsible – The Guardian

Posted May 8th, 2013 in advertising, bankruptcy, complaints, loans, news by sally

“A TV campaign fronted by former bankrupt Kerry Katona offering payday loans with the strapline ‘fast cash for fast lives’ has been banned for being irresponsible.”

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The Guardian, 8th May 2013


Dowland v Architects Registration Board – WLR Daily

Posted April 26th, 2013 in bankruptcy, disqualification, law reports, professional conduct by tracey

Dowland v Architects Registration Board: [2013] EWHC 893 (Admin);   [2013] WLR (D)  148

“The Architects Registration Board was not limited to questions of competence when considering whether to reinstate a person to the Register of Architects.”

WLR Daily, 19th April 29013


Court orders stockbroker who defrauded £32m to pay nominal £1 fee – The Independent

Posted March 25th, 2013 in assets recovery, bankruptcy, fraud, news by sally

“A bankrupt stockbroker who defrauded millions of pounds from some of Britain’s shrewdest business people was today ordered to pay a nominal £1 fee.”

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The Independent, 25th March 2013


Davis and another v Price and another – WLR Daily

Davis and another v Price and another [2013] EWHC 323 (Ch); [2013] WLR (D) 78

“Statutory demands served in respect of the liability for a debt created by an order for costs were subject to the terms of individual voluntary arrangements (‘IVAs’) proposed by the debtors and approved by creditors and therefore they should be set aside.”

WLR Daily, 21st February 2013


COMI, bankruptcy tourism and forum shopping – 11 Stone Buildings

Posted February 7th, 2013 in bankruptcy, choice of forum, insolvency, jurisdiction, news by sally

“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”

Full story (PDF)

11 Stone Buildings, February 2013


Appleyard v Wewelwala – WLR Daily

Posted November 27th, 2012 in bankruptcy, jurisdiction, law reports, remuneration, trustees in bankruptcy by sally

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


McRoberts v McRoberts – WLR Daily

Posted November 7th, 2012 in bankruptcy, divorce, family courts, insolvency, law reports by sally

McRoberts v McRoberts [2012] EWHC 2966 (Ch); [2012] WLR (D) 305

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012


Paedophile William Goad ‘never paid out’ to victim Ray Zolla – BBC News

Posted October 22nd, 2012 in assets recovery, bankruptcy, child abuse, damages, news, sexual offences, victims by sally

“A man from Cornwall who was awarded a six-figure sum after being abused by paedophile William Goad has said he is yet to receive any money.”

Full story

BBC News, 21st October 2012


Arif v Zar and another – WLR Daily

Arif v Zar and another [2012] EWCA Civ 986; [2012] WLR (D) 239

“In relation to a bankruptcy order, the court sitting in bankruptcy had to give consideration to the possibility that a person might attempt to use the protection of the order as a shield against the claims of their spouse for ancillary relief. Where there was credible evidence of that the court ought not to be afraid to use its powers to order full disclosure and to require the attendance and cross-examination of witnesses where necessary in order properly and fairly to determine an annulment application. The question of whether it was right to transfer an annulment application to be heard alongside an ancillary relief application in the Family Division depended upon the facts and was a matter of discretion for the registrar or judge asked to transfer it.”

WLR Daily, 18th July 2012


Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up – Hardwicke Chambers

Posted July 31st, 2012 in arbitration, bankruptcy, news, winding up by sally

“Earlier this year, Mr Edward Davey MP, Minister for Consumer Affairs at BIS, announced the launch of a 12 week consultation regarding the reform of the application process for bankruptcy and company winding up. The Insolvency Service noted that: ‘The consultation sets out proposals that aim to provide the most appropriate and efficient route into bankruptcy and winding up, and to ensure that the Court’s focus is on dispute resolution.'”

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Hardwicke Chambers, 27th July 2012