Category: bankruptcy

Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Truex v Toll – WLR Daily

Posted March 11th, 2009 in bankruptcy, debts, fees, law reports, solicitors by sally

“In respect of fees owed to a solicitor by a client, an unliquidated sum did not become liquidated by a mere admission unsupported by consideration.”

WLR Daily, 9th March 2009

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Hemming (deceased); Raymond Saul & Co (a Firm) v Holden and Another – Times Law Reports

Posted December 9th, 2008 in bankruptcy, law reports, wills by sally

Chancery Division

“Where a sole residuary legatee under a will became bankrupt but was automatically discharged from bankruptcy before the completion of the administration of the estate of the testator, the money and assets which were thereafter ascertained to form the net residuary estate were payable to his trustee in bankruptcy.”

The Times, 9th December 2008

French v Barcham and Another

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

French v Barcham and Another – Times Law Reports

Posted July 24th, 2008 in bankruptcy, landlord & tenant, law reports by sally

Chancery Division

“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”

The Times, 24th July 2008

In re Rottmann (a Bankrupt)

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In re Rottmann (a Bankrupt) – Times Law Reports

Posted July 16th, 2008 in bankruptcy, law reports, self-incrimination by sally

Chancery Division

“The court had power to adjourn the hearing of the public examination of a bankrupt and order the examination to be conducted in private where foreign criminal proceedings had been instituted against him.”

The Times, 16th July 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Evening Standard libel case bankrupts opera composer Keith Burstein – The Guardian

Posted July 16th, 2008 in bankruptcy, defamation, news by sally

“The composer of an opera who unsuccessfully sued the London Evening Standard for libel was declared bankrupt yesterday after failing to pay £67,000 in legal fees to the newspaper.”

Barlow Clowes International Ltd (in Liquidation) and Others v Henwood

The Guardian, 15th July 2008

Source: www.guardian.co.uk

Barlow Clowes International Ltd (in Liquidation) and Others v Henwood – Times Law Reports

Posted June 18th, 2008 in bankruptcy, domicile, law reports by sally

Court of Appeal

“Where a person abandoned his domicile of choice by ceasing to reside in the relevant country and giving up his intention permanently to reside there, his domicile of origin revived as a matter of law and persisted until he acquired a domicile of choice elsewhere. The weight of evidence required to prove that he had acquired another domicile of choice was no greater than that which was required to show that one domicile of choice had superseded another. Where a person maintained homes in more than one country, however, the question had to be decided by reference to the quality of residence in each of those countries to ascertain in which country he had an intention permanently to reside.”

The Times, 18th June 2008

In re Rottmann (a bankrupt) ; [2008] WLR (D) 161

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In re Rottmann (a bankrupt) – WLR Daily

Posted May 22nd, 2008 in bankruptcy, disclosure, law reports by sally

WLR Daily, 21st May 2008

Halabi (a Bankrupt) v Camden London Borough Council and Another

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Halabi (a Bankrupt) v Camden London Borough Council and Another – Times Law Reports

Posted March 25th, 2008 in bankruptcy, jurisdiction, law reports by sally

Chancery Division

“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”

The Times, 25th March 2008

Halabi (A Bankrupt) v Camden London Borough Council and another; [2008] WLR (D) 46

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Halabi (A Bankrupt) v Camden London Borough Council and another – WLR Daily

Posted February 18th, 2008 in bankruptcy, debts, jurisdiction, law reports by sally

“The court had no jurisdiction to annul a bankruptcy order on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy.”

WLR Daily, 15th February 2008

Law Society of England and Wales and Others v Shah and Others

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law Society of England and Wales and Others v Shah and Others – Times Law Reports

Posted December 20th, 2007 in bankruptcy, insurance, law reports, third parties by sally

Chancery Division

“Where a third party was not able to pursue a debt claim directly against a bankrupt due to the fact that the bankruptcy had been discharged, thereby extinguishing the claim, the third party could none the less pursue the claim against the bankrupt’s insurers once the third party had obtained a decision admitting the claim in bankruptcy.”

The Times, 20th December 2007

Collier v P & M J Wright (Holdings) Ltd

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Collier v P & M J Wright (Holdings) Ltd – WLR Daily

Posted December 17th, 2007 in bankruptcy, debts, law reports by sally

“Where a debtor offered to pay part only of the amount he owed and the evidence showed the creditor voluntarily accepted that offer, and relying on that acceptance the debtor paid that part of the amount he owed in full, the creditor would be bound to accept that sum in full and final satisfaction of the whole debt by virtue of the doctrine of promissory estoppel.”

WLR Daily, 17th December 2007

Hill and Another v Haines

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hill and Another v Haines – Times Law Reports

Posted December 12th, 2007 in bankruptcy, debts, divorce, law reports by sally

“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”

The Times, 12th December 2007

Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Law Society of England and Wales and others v Shah and others – WLR Daily

Posted December 12th, 2007 in bankruptcy, insurance, law reports, third parties by sally

“It was possible for a third party, who had a ‘bankruptcy debt’, to claim payment from the debtor’s insurer under the Third Parties (Rights Against Insurers) Act 1930 after the debtor had been made bankrupt and discharged. In order to do so it was necessary to establish the liability of the debtor which could be achieved by a judicial determination of the third party’s right to prove the debt in the debtor’s bankruptcy.”

WLR Daily, 11th December 2007

Hill and another v Haines [2007] EWCA Civ 1284

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hill and another v Haines – WLR Daily

Posted December 7th, 2007 in bankruptcy, debts, divorce, law reports by sally

“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”

WLR Daily, 6th December 2007

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Divorcee entitled to clean break from bankrupt husband, court rules – The Times

Posted December 5th, 2007 in bankruptcy, debts, divorce, news by sally

“Court of Appeal rules that Wendy Haines does not have to give up her share of the matrimonial home proceeds to pay off ex-husband’s creditors.”

The Times, 5th December 2007

Divorcee who made a clean break could lose settlement after ex-husband goes bankrupt – The Times

Posted November 14th, 2007 in bankruptcy, debts, divorce, news by sally

“A woman who faces being stripped of her divorce settlement to pay for her former husband’s debts was at the centre of a test case yesterday with far-reaching implications for ‘clean break’ divorces.”

The Times, 14th November 2007

Turner and Another v. Avis

Turner and Another v. Avis – Times Law Reports

Posted August 22nd, 2007 in bankruptcy, law reports, matrimonial home by sally

Trustee gets former wife’s home

Court of Appeal

“Equity jurisdiction enabled a trustee in bankruptcy to enforce a trust for sale of a matrimonial home held jointly by the bankrupt and his former wife under a property adjustment order made more than twenty years ago.”

The Times, 22nd August 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Bankrupt’s debts threaten ex-wife’s home – The Times

Posted July 20th, 2007 in bankruptcy, debts, divorce, news by sally

“A divorced woman faces being forced from her home of more than 20 years after a Court of Appeal ruling confirming that deals struck by former wives when they split with their husbands are not safe from creditors.”

The Times, 20th July 2007

Barlow Clowes accomplice escapes £10m debt – The Times

Posted July 4th, 2007 in bankruptcy, fraud, news by sally

“A key player in the Barlow Clowes affair – one of Britain’s most notorious frauds – will be able to keep nearly £10 million after the High Court ruled that creditors could not pursue him in Mauritius, where he is now based.”

The Times, 3rd July 2007