Medieval laws face axe in legal pruning – The Guardian

Posted June 3rd, 2015 in bills, debts, news, repeals, statute law revision, treason by sally

‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’

Full story

The Guardian, 3rd June 2015


Court fines and council tax turning into problem debt, says Citizens Advice – The Guardian

Posted May 28th, 2015 in council tax, debts, fines, news, reports by sally

‘Magistrates’ fines and council tax bills are driving increasing numbers of people into problem debt, an advice charity said on Tuesday, as low wages and the increased cost of living squeeze household finances.’

Full story

The Guardian, 26th May 2015


Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015


Setting up special purpose vehicle to pursue debts “not champertous”, High Court rules – Litigation Futures

Posted May 7th, 2015 in champerty, debts, news, striking out by sally

‘Setting up a company as a special purpose vehicle to pursue an individual and his family for debts, including through the courts, does not amount to champerty, the High Court has ruled.’

Full story

Litigation Futures, 7th May 2015


Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

Full story (PDF)

11 Stone Buildings, 15th April 2015


Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily

Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) [2015] EWHC 932 (Ch); [2015] WLR (D) 164

‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’

WLR Daily, 1st April 2015


Half a million more people summoned to court over unpaid council tax, after benefits scrapped – The Independent

Posted April 7th, 2015 in benefits, council tax, crime, debts, news, social security by sally

‘Half a million more people were summoned to court last year over unpaid council tax, after benefits protecting low-income families from paying it were scrapped.’

Full story

The Independent, 6th April 2015


Payday lenders still misleading and threatening customers, says FCA – The Guardian

Posted March 11th, 2015 in debts, financial regulation, loans, news by tracey

‘The City regulator has uncovered a litany of unfair practices at payday lenders including sending threatening text messages, pursuing customers for the wrong amount and misleading people about the effect of non-payment on their credit rating.’

Full story

The Guardian, 10th March 2015


Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015


UK restructuring laws already geared towards business rescue, says government –

Posted February 11th, 2015 in company law, debts, EC law, insolvency, news, small businesses by sally

‘UK procedures allowing businesses to restructure in order to avoid insolvency already meet EU plans for a more ‘rescue-orientated’ approach to business failure and insolvency, according to a discussion document published by the Insolvency Service.’

Full story, 10th February 2015


High Court judge disagrees on whether creditors can access bankrupt’s pension savings where pension not in payment –

Posted January 9th, 2015 in bankruptcy, debts, news, pensions, trustees in bankruptcy by sally

‘Trustees in bankruptcy should not be able to access a bankrupt pension scheme member’s savings for the purposes of paying off debts, a High Court judge has ruled, contradicting a 2012 decision of the same court.’

Full story, 8th January 2015


Latvians guilty of illegal gangmaster role in case exposing debt-bondage – The Guardian

Posted December 19th, 2014 in debts, gangmasters, intimidation, news by sally

‘Two Latvian men have been found guilty of acting as illegal gangmasters, supplying Latvian and Lithuanian workers from the Wisbech area to pick leeks, cabbages, broccoli and flowers, for supermarket supply chains across East Anglia.’

Full story

The Guardian, 18th December 2014


Salford Estates (No 2) Ltd v Altomart Ltd – WLR Daily

Posted December 12th, 2014 in arbitration, debts, insolvency, law reports, stay of proceedings, winding up by sally

Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527

‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’

WLR Daily, 8th December 2014


Legal aid slashed with no thought for consequences, MoJ chief admits – The Independent

Posted December 8th, 2014 in budgets, debts, employment, families, housing, legal aid, news by sally

‘The legal aid bill is being slashed by £300m without research into the potential effect of the cuts, the most senior civil servant at the Ministry of Justice (MoJ) has admitted.’

Full story

The Independent, 5th Decemeber 2014


High Court ruling will create new market for pensions debts, says expert –

Posted December 5th, 2014 in debts, insolvency, news, pensions, trusts, winding up by sally

‘A new market for trading the pension debts of insolvent companies will be created as a result of a recent High Court ruling. The ruling will also result in more efficient, earlier winding up of pension schemes when companies go out of business.’

Full story, 4th December 2014


Oldest surviving law faces repeal after 747 years – BBC News

Posted December 5th, 2014 in debts, news, repeals, statute law revision by sally

‘Some of the oldest surviving legislation on Britain’s statute books is set to be repealed after 747 years.’

Full story

BBC News, 5th December 2014


Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security –

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

Full story, 20th October 2014


Wonga TV ad banned for failing to show interest rate – BBC News

Posted October 8th, 2014 in advertising, debts, interest, news, regulations by sally

‘The Advertising Standards Authority has banned a TV advert by payday lender Wonga, after a complaint by a charity.’

Full story

BBC News, 8th October 2014


Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014


In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014