Category: bankruptcy

Shierson and another v. Rastogi – WLR Daily

Posted June 5th, 2007 in bankruptcy, company directors, evidence, law reports by sally

Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)

The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.

WLR Daily, 25th May 2007

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.

Hill and Another v. Haines – Times Law Reports

Posted May 14th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Family home is at risk from trustee after court transfer 

Hill and Another v. Haines

Chancery Division

“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”

The Times, 14th May 2007

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

Ex-wives face loss of settlements in bankruptcy – Daily Telegraph

Posted May 11th, 2007 in bankruptcy, divorce, news by sally

“Former wives risk losing their financial settlements if their ex-husbands are made bankrupt within five years of a divorce, the High Court has ruled.”

Full story

Daily Telegraph, 11th May 2007

Source: www.telegraph.co.uk

Hill and another v. Haines – WLR Daily

Posted May 10th, 2007 in bankruptcy, divorce, law reports, matrimonial home by sally

Hill and another v. Haines [2007] EWHC 1012 (Ch)

“Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.”

WLR Daily, 3rd May 2007

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.

Divorcees may have assets taken to fund an ex-spouse’s debts – The Times

Posted May 10th, 2007 in bankruptcy, divorce, news by sally

“Thousands of divorcees risk seeing their assets plundered to meet their former spouses’ debts after a landmark ruling that they are no longer protected from his or her creditors when they split.”

Full story

The Times, 10th May 2007

Source: www.timesonline.co.uk