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

Source: www.bbc.co.uk

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

Source: www.iclr.co.uk

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.'”

Full story

Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

Human Rights When Seeking Possession and Sale of a Bankrupt’s Home: Anything to Fear? – Hardwicke Chambers

Posted July 31st, 2012 in bankruptcy, human rights, insolvency, news, repossession by sally

“For many insolvency practitioners (in the wider sense), the European Convention on Human Rights (‘ECHR’) and the Human Rights Act 1998 (‘HRA’) are pieces of legislation having little impact upon day to day insolvency practice.”

Full story

Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

Finance & Divorce May 2012 Update – Family Law Week

Posted June 7th, 2012 in bankruptcy, costs, divorce, financial provision, marriage, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”

Full story

Family Law Week, 6th June 2012

Source: www.familylawweek.com

Using insolvency to discharge financial order obligations: the blank canvas remains – Family Law Week

Posted May 21st, 2012 in bankruptcy, debts, families, news by sally

“Byron James, Barrister, 14 Gray’s Inn Square explores the, as yet, unfettered and undefined discretion of the court to discharge a party from obligations under orders made in family proceedings following bankruptcy, following the recent Chancery Division case of Hayes v Hayes.”

Full story

Family Law Week, 20th May 2012

Source: www.familylawweek.com

Torbay Council agrees to pay £25,000 to ‘suicidal’ man – BBC News

Posted May 17th, 2012 in bankruptcy, compensation, local government, mental health, news by sally

“A council in Devon has agreed to compensate a ‘suicidal’ man after its actions resulted in him going bankrupt.”

Full story

BBC News, 17th May 2012

Source: www.bbc.co.uk

Corgi Hosiery fined over factory asbestos removal – BBC News

Posted March 5th, 2012 in asbestos, bankruptcy, fines, health & safety, news by tracey

“A company in Carmarthenshire has been fined £25,000 after being found guilty of failing to protect its employees from asbestos.”

Full story

BBC News, 2nd March 2012

Source: www.bbc.co.uk

Blight and others v Brewster – WLR Daily

Posted February 10th, 2012 in bankruptcy, debts, enforcement, fraud, law reports, pensions by tracey

Blight and others v Brewster: [2012] EWHC 165 (Ch);  [2012] WLR (D)  26

“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

McGuinness v Norwich and Peterborough Building Society – WLR Daily

Posted November 14th, 2011 in bankruptcy, debts, guarantees, law reports, surety by sally

McGuinness v Norwich and Peterborough Building Society [2011] EWCA Civ 1286; [2011] WLR (D) 324

“A petition in bankruptcy against a guarantor could be founded, in certain circumstances, upon a guarantee which had contained a ‘see to it’ clause.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

White v Davenham Trust Ltd – WLR Daily

Posted July 1st, 2011 in bankruptcy, debts, guarantees, law reports, statutory demands, surety by tracey

White v Davenham Trust Ltd [2011] EWCA Civ 747;  [2011] WLR (D)  212

“A guarantor of a debt could not set aside a statutory demand served by a creditor where the creditor had security over the assets of the principal debtor, and so could not serve a statutory demand on the principal debtor because of rule 6.5(4)(c) of the Insolvency Rules 1986, but had the benefit of an unsecured debt owed by the guarantor.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Child Maintenance and Enforcement Commission v Beesley and another – WLR Daily

Posted November 30th, 2010 in bankruptcy, child support, law reports by sally

Child Maintenance and Enforcement Commission v Beesley and another [2010] EWCA Civ 1344; [2010] WLR (D) 304

“The Child Maintenance and Enforcement Commission was not a creditor of a non-resident parent of a child, who was in arrears as to payment of child support and had other debts, and was therefore not capable of being bound by his individual voluntary arrangement within the meaning of s 260(2)(b) of the Insolvency Act 1986.”

WLR Daily, 29th November 2010

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.

White v Davenham Trust Ltd – WLR Daily

Posted November 3rd, 2010 in bankruptcy, debts, guarantees, law reports by sally

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch); [2010] WLR (D) 272

“The mere existence of a secured remedy against another party was not a substantial ground for refusing to allow a creditor to pursue a remedy in bankruptcy against a surety.”

WLR Daily, 2nd November 2010

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.

Property tycoon in £400m divorce battle declared bankrupt – The Independent

Posted April 23rd, 2010 in bankruptcy, divorce, financial provision, news by sally

“A tycoon fixer who is fighting a bitter divorce case from his estranged wife over claims that he has hidden his £400m fortune has been declared bankrupt by the taxman.”

Full story

The Independent, 23rd April 2010

Source: www.independent.co.uk

Rugby agent jailed for money scam – BBC News

Posted September 8th, 2009 in bankruptcy, news, obtaining property by deception by sally

“A former sporting agent with a ‘liking for the fine life’ has been jailed for a finance scam totalling £481,000.”

Full story

BBC News, 7th September 2009

Source: www.bbc.co.uk

Rubin and another v Eurofinance SAand others – WLR Daily

Posted August 7th, 2009 in bankruptcy, debts, foreign jurisdictions, law reports by sally

Rubin and another v Eurofinance SAand others [2009] WLR (D) 282

“The Cross-Border Insolvency Regulations 2006, which gave effect to the UNCITRAL Model Law relating to cross-border insolvency, applied where the foreign bankruptcy proceedings related to a debtor which, according to English law, had no legal personality either as an individual or as a body corporate.”

WLR Daily, 6th August 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.

Windatt (trustee in banruptcy of Wright) v Wright and another – WLR Daily

Posted August 3rd, 2009 in bankruptcy, charging orders, execution, law reports by sally

Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270

“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”

WLR Daily, 31st July 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.

Octagon Assets Ltd v Remblance and Another – Times Law Reports

Posted July 27th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon Assets Ltd v Remblance and Another

Court of Appeal

“Where rent arrears were sought from both a corporate tenant and a guarantor it was ostensibly unjust to decline to set aside a statutory demand obtained against the guarantor mrerly because he could afford to pay the debt; if a statutory demand would not be sustained against the principal debtor it was also unjust to treat the guarantor differently.”

The Times, 27th July 2009

Source: www.timesonline.co.uk

Octagon v Remblance and another – WLR Daily

Posted June 19th, 2009 in bankruptcy, debts, law reports, rent, statutory demands by sally

Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196

“In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one of the conditions in r 6.5(4)(a) of the Insolvency Rules 1986, merely because the guarantor could afford to pay the debt. Moreover, where the tenant’s and guarantor’s liability were co-extensive and there were no good reasons for distinguishing between the position of the guarantor and that which would obtain if the tenant applied under r 6.5(4)(a) to set aside a statutory demand, justice and r 6.5(4)(d) of the 1986 Rules demanded that a statutory demand obtained against the guarantor should be set aside.”

WLR Daily, 18th 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.

Official Receiver v McKay – WLR Daily

Posted June 18th, 2009 in bankruptcy, law reports, proof by sally

Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191

“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer existed at the time the annulment order was made, without investigating whether the proven debt had been fully paid or expunged.”

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.