Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Smith-Evans v Smailes – WLR Daily

Posted November 8th, 2013 in bankruptcy, individual voluntary arrangements, insolvency, law reports by tracey

Smith-Evans v Smailes: [2013] EWHC 3199 (Ch);   [2013] WLR (D)  423

“Where the chairman of a creditors’ meeting summoned under section 257 of the Insolvency Act 1986 had reported the meeting’s approval of a proposed voluntary arrangement to the court, the only route of challenge was under section 262 of the 1986 Act. That was so even if the meeting itself had not approved the arrangement, because the chairman had exceeded the terms of proxies that he held so there had in fact not been a 75% majority in favour of approval.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Davis and another v Price and another – WLR Daily

Davis and another v Price and another [2013] EWHC 323 (Ch); [2013] WLR (D) 78

“Statutory demands served in respect of the liability for a debt created by an order for costs were subject to the terms of individual voluntary arrangements (‘IVAs’) proposed by the debtors and approved by creditors and therefore they should be set aside.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

Mond and another v MBNA Europe Bank Ltd – WLR Daily

Mond and another v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch); [2010] WLR (D) 190

“Clause 13.2 of the IVA Protocol, as well as clause 13.1, should not be construed as permitting a creditor bound by the Protocol to vote against an individual voluntary arrangement (‘IVA’) proposal only if he has good reason to do so.”

WLR Daily, 16th July 2010

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.