“Claims by the Pensions Regulator in relation to an insolvent company’s pension scheme rank as provable debts alongside the claims of other unsecured creditors, the UK’s highest court has ruled.24 Jul 2013.”
OUT-LAW.com, 24th July 2013
Source: www.out-law.com
Menelaou v Bank of Cyprus UK Ltd: [2013] EWCA Civ 1960; [2013] WLR (D) 266
“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”
WLR Daily, 2nd July 2013
Source: www.iclr.co.uk
“Law firms must not allow arrangements with debt recovery companies to compromise their independence, the Solicitors Regulation Authority (SRA) has warned, after two solicitors were fined heavily for allowing litigation to be carried out in their name.”
Legal Futures, 17th June 2013
Source: www.legalfutures.co.uk
Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224
“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”
WLR Daily, 6th June 2013
Source: www.iclr.co.uk
“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”
Full story (PDF)
Zenith Chambers, 16th May 2013
Source: www.zenithchambers.co.uk
VFS Financial Services Ltd v JF Plant Tyres Ltd: [2013] EWHC 346 (QB); [2013] WLR (D) 91
“A ‘disposition’ of goods for the purposes of section 29(1) of the Hire-Purchase Act 1964 was limited to a transaction where the goods had been transferred for money.”
WLR Daily, 26th February 2013
Source: www.iclr.co.uk
“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”
WLR Daily, 14th February 2013
Source: www.iclr.co.uk
“The true scale of the problem posed by ‘lawless bailiffs’ is revealed as shocking figures show a sharp rise in complaints about their behaviour since the start of the banking crisis.”
The Guardian, 27th January 2013
Source: www.guardian.co.uk
“Bailiffs will be regulated under new laws to ‘clean up’ the industry and protect vulnerable debtors, the Government has announced.”
The Independent, 25th January 2013
Source: www.independent.co.uk
“Nearly £2 billion in court fines and confiscation orders remain unpaid, official figures show, as the Government admitted it needed to do more to tackle the debt.”
Daily Telegraph, 19th January 2013
Source: www.telegraph.co.uk
“Regulator imposes requirements on Royal Bank of Scotland’s use of charging orders – a way of collecting unsecured debts that could see borrowers lose their homes.”
Daily Telegraph, 11th January 2013
Source: www.telegraph.co.uk
“The payday loan industry has been warned to improve the way it lends money and collects debts, or face sanctions.”
BBC News, 20th November 2012
Source: www.bbc.co.uk
Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269
“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
SerVaas Inc v Rafidain Bank: [2012] UKSC 40; [2012] WLR (D) 257
“Whether property was ‘for the time being in use or intended for use for commercial purposes’ within the meaning of section 13(4) of the State Immunity Act 1978 did not depend on the property’s origin but on the use to which the state had chosen to put it.”
WLR Daily, 17th August 2012
Source: www.iclr.co.uk
Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251
“A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.”
WLR Daily, 22nd August 2012
Source: www.iclr.co.uk
“The privy council has blocked a multimillionaire speculator from taking up to $100m (£64m) from the Democratic Republic of the Congo (DRC) for a decades old debt that started out at $3.3m.”
The Guardian, 18th July 2012
Source: www.guardian.co.uk
“The controversial rule allowing the Football League and Premier League to insist that football players, managers and other clubs get paid before other creditors if a football club enters administration will ‘likely become an irrelevance’ as penalties against insolvent teams become more sophisticated, according to an expert.”
OUT-LAW.com, 28th May 2012
Source: www.out-law.com
“A lonely and debt-ridden police constable stole money seized in police raids and used the force computer to contact women after a relationship ended, a court heard today.”
The Independent, 25th May 2012
Source: www.independent.co.uk
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