“People who fail to pay awards made by employment tribunals will be publicly named and shamed from today, as the government clamps down hard on employers who disregard tribunal rulings.”
Ministry of Justice, 1st April 2009
Source: www.justice.gov.uk
Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85
“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
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Companies that withhold all payment for goods or services in order to strengthen their hand in negotiations over disputed amounts will have to pay punitive interest on that money, the Court of Appeal has said.”
OUT-LAW.com, 2nd March 2009
Source: www.out-law.com
In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311
“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”
WLR Daily, 10th October 2008
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.
“The government’s response to the Law Commission report on the amount of interest courts should award on debts and damages in court proceedings. ‘Pre-judgment interest’ refers to the interest awarded from the day when payment fell due until judgment is entered or payment made (whichever is earlier).”
Ministry of Justice, 16th September 2008
Source: www.justice.gov.uk
“Fouad al-Zayat, a 20-stone billionaire who lost £191m at roulette, is taking six top British clubs to court, claiming they illegally allowed him credit.”
The Observer, 14th September2008
Source: http://observer.guardian.co.uk
Aspinall’s Club Ltd v Al-Zayat (No 2) [2008] EWHC 2101 (Comm); [2008] WLR (D) 301
“A fixed-term deferral or postponement of a sum owed to a gaming club by a patron amounted to the providing or allowing of credit contrary to s 16(1)(b) of the Gaming Act 1968.”
WLR Daily, 8th September 2008
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.
“A billionaire gambler today won a legal bid to avoid paying a £2 million debt to a London casino.”
The Times, 3rd September 2008
Source: www.timesonline.co.uk
Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others
Court of Appeal
“Judges should be cautious before making a committal order against a judgment debtor who was prevented from attending an oral examination as to his means by the order of a court in a foreign jurisdiction.”
The Times, 4th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Where a commercial agreement obliged a creditor bank to determine the value of the assets of the defaulting debtor bank at the date of termination, the creditor bank’s obligation was to carry out an honest, but otherwise subjective valuation.”
WLR Daily, 25th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported the corresponding WLR Daily summary is removed.
Halabi (A Bankrupt) v Camden London Borough Council and another; [2008] WLR (D) 46
“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
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.
“This paper sets out for consultation the areas where secondary legislation will be used to establish the parameters required for the effective operation of both the revised Administration Order scheme and the Enforcement Restriction Order scheme.
Administration and Enforcement Restriction Orders consultation paper (PDF)
Annex A: new parts 6 and 6A of the County Courts Act 1984 (PDF)
Annex B: equality impact assessment (PDF)
Questionnaire (Word)
Ministry of Justice, 16th January 2008
Source: www.justice.gov.uk
Collier v P & M J Wright (Holdings) Ltd
“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
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.
“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
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Hill and another v Haines [2007] EWCA Civ 1284
“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
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.
“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
Source: www.timesonline.co.uk
“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
Source: www.timesonline.co.uk
“Protective awards made pursuant to s 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 were not debts provable in the liquidation of a company in circumstances where they were made after the date of liquidation.”
WLR Daily, 22nd October 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.
“This consultation paper seeks views on options for encouraging debtor engagement and consequential possible streamlining of procedures for dealing with non-defended debt claims. It will help to inform any proposed changes on handling debt problems in England and Wales.”
Ministry of Justice, 5th September 2007
Source: www.justice.gov.uk
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