Administration and Enforcement Restriction Orders – Ministry of Justice

Posted January 16th, 2008 in consultations, debts, insolvency by sally

“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

In re Metronet Rail BCV Ltd (in public private partnership administration) and In re Metronet Rail SSL Ltd (in public private partnership administration) – WLR Daily

Posted November 27th, 2007 in insolvency, law reports, public private partnerships by sally

In re Metronet Rail BCV Ltd (in public private partnership administration) and In re Metronet Rail SSL Ltd (in public private partnership administration) [2007] EWHC 2697 (Ch)

The only companies that could fall within the term “other appointee”, as contained in Sch 15 to the Greater London Authority Act 1999, were public private partnership companies in whose favour there was under a scheme the transfer of property, rights and liabilities from an existing appointee.”

WLR Daily, 26th November 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.

Hawkes v Cuddy and Others – Times Law Reports

Posted November 13th, 2007 in company directors, declaratory judgment, insolvency, law reports by sally

Judge’s order inappropriate

Hawkes v Cuddy and Others

Court of Appeal

“It was inappropriate to make a declaratory judgment on an interlocutory application based on an allegation of contravention of the Companies Act 1985 when that would serve no useful purpose.”

The Times, 13th November 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.

Day v Haine and another – WLR Daily

Posted October 22nd, 2007 in debts, insolvency, law reports, trade unions by sally

Day v Haine and another

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.

In re Leeds United Association Football Club Ltd – Times Law Reports

Posted September 4th, 2007 in contract of employment, damages, dismissal, insolvency, law reports by sally

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 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.

Hawkes v. Cuddy and Others – Times Law Reports

Declaration of criminality made in civil proceedings

Hawkes v. Cuddy and Others

Chancery Division 

“The court had power, in appropriate circumstances, to grant a declaration of criminality in civil proceedings brought by a private individual litigant.”

The Times, 14th August 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.

Hawkes v. Cuddy and others – WLR Daily

Hawkes v. Cuddy and others [2007] EWHC 1935 (Ch)

“The court had jurisdiction to grant a declaration on a petition brought under s 459 of the Companies Act 1985 where the unfair prejudice relied on was caused by the alleged contravention of s 216 of the Insolvency Act 1986 by a director of a company in liquidation who had become the director of another company that was known by a prohibited name.”

WLR Daily, 31st July 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.

In re Eurocruit Europe Ltd. (in liquidation) – Times Law Reports

Posted July 16th, 2007 in insolvency, law reports, limitations by sally

Times ran out for liquidator 

In re Eurocruit Europe Ltd. (in liquidation) 

Chancery Division

“The limitation period of a claim brought by a liquidator under section 212 of the Insolvency Act 1986 was the same as that applicable to the underlying claim.”

The Times, 16th July 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.

Transfer err – The Lawyer

Posted July 3rd, 2007 in insolvency, special report, transfer of undertakings by sally

“Far from improving matters for insolvent companies, the new Tupe rules have just muddied the waters. By Andrew Gregory.”

Full story

The Lawyer, 2nd July 2007

Source: www.thelawyer.com

In re Eurocruit Europe Ltd. – WLR Daily

Posted June 25th, 2007 in insolvency, law reports, limitations by sally

In re Eurocruit Europe Ltd. [2007] EWHC 1433 (Ch) 

“A claim under s 212 of the Insolvency Act 1986 did not have a limitation period distinct from the limitation period applicable to the underlying claim.”

WLR Daily, 21st June 2007

Source: www.lawreports.co.uk

AWB Geneva SA and another v. North America Steamships Ltd. – WLR Daily

Posted May 22nd, 2007 in conflict of laws, insolvency, jurisdiction, law reports by sally

AWB Geneva SA and another v. North America Steamships Ltd. [2007] EWHC 1167 (Comm) 

“A party to a contract that was subject to the exclusive jurisdiction of the English High Court could not restrain the other party’s foreign trustee in bankruptcy from seeking an order in foreign insolvency proceedings that certain conditions precedent to liability under the contract should cease to apply.”

WLR Daily, 17th 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.

Godfrey v. Torpy and Others – Times Law Reports

Posted May 16th, 2007 in insolvency, law reports by sally

Leave not needed to continue claim

Godfrey v. Torpy and Others

Chancery Division

Leave of the court was not required to continue proceedings in which an order to set aside a transaction at an undervalue which had defrauded creditors had been applied for, even though the individual or company against whom the application had been made was adjudged bankrupt or became insolvent after those proceedings had been launched.

The Times, 16th May 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.

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others – WLR Daily

Posted May 9th, 2007 in guarantees, insolvency, law reports by sally

Prudential Assurance Co. Ltd. v. PRG Powerhouse Ltd. and others; Luctor Ltd. v. PRG Powerhouse Ltd. and others [2007] EWHC 1002 (Ch)

“A company voluntary arrangement which contained terms releasing guarantees given by the defendant’s parent company to the claimant creditors, unfairly prejudiced the claimants within the meaning of s 6(1)(a) of the Insolvency Act 1986.”

WLR Daily, 1st 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.

Landowners secure landmark victory against troubled tenants – The Times

Posted May 2nd, 2007 in insolvency, news, rent by sally

“A clutch of Britain’s biggest landowners who together count for about £100 billion of commercial property have won a landmark High Court battle to prevent tenants wriggling out of unpaid rent when they go under.”

Full story

The Times, 2nd May 2007

Source: www.timesonline.co.uk

Regina (Balding) v Secretary of State for Work and Pensions – Times Law Reports

Posted May 1st, 2007 in benefits, insolvency, law reports by sally

Overpaid benefit not recoverable

Regina (Balding) v. Secretary of State for Work and Pensions

Queen’s Bench Divisional Court

“Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. Discharge from bankruptcy released the debtor from liability for recovery of the overpaid benefit.”

The Times, 1st May 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.

Call to update UK insolvency law – Financial Times

Posted May 1st, 2007 in insolvency, news by sally

“London’s status as a leading financial centre could be diminished unless the UK reforms its insolvency regime ahead of the next economic downturn, according to an influential group of restructuring professionals.”

Full story

Financial Times, 30th April 2007

Source: www.ft.com

Godfrey v Torpy and others – WLR Daily

Posted April 26th, 2007 in insolvency, law reports by sally

Godfrey v. Torpy and others [2007] EWHC 919 (Ch) 

“Where an application for an order had been made under s 423 of the Insolvency Act 1986 to set aside a transaction which had been entered into at an undervalue and had defrauded creditors, and the individual or company against whom the application had been made was thereafter adjudicated bankrupt or became insolvent, the proceedings could continue without the leave of the court.”

WLR Daily, 23rd April 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR summary is removed.

Official Receiver v. Hollens – WLR Daily

Posted April 12th, 2007 in insolvency, law reports, partnerships by sally

Official Receiver v. Hollens [2007] EWHC 753 (Ch)

“Subsections 303(2A) to (2C) of the Insolvency Act 1986 conferred upon the court the power to direct that the affairs of a partnership be wound up and its property administered as if the debtors had themselves presented a joint petition, even though they had not, so long as the partnership was insolvent and the order sought was one that could have been made had the individual members presented the joint petition.”

WLR Daily, 4th April 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.

Hickling v. Baker – WLR Daily

Posted April 12th, 2007 in committals, insolvency, law reports by sally

Hickling v. Baker [2007] EWCA Civ 287

“An application for a committal order under s 364 of the Insolvency Act 1986 where an undischarged bankrupt failed to co-operate with the trustee in bankruptcy should normally be made on notice, unless a statutory provision provided otherwise. Any other exception to that practice had to be justified by evidence. Further, any committal order made without notice should require that, once arrested, the person in question should be brought promptly before the court for a hearing in order to comply with art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th April 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.

R (Balding) v. Secretary of State for Work and Pensions – WLR Daily

Posted April 5th, 2007 in benefits, insolvency, law reports by sally

R (Balding) v. Secretary of State for Work and Pensions [2007] EWHC 759 (Admin)

“Where an individual was liable to repay overpaid social security benefit under the Social Security Administration Act 1992 this was counted as a liability to pay money under an enactment for the purposes of s 382(4) of the Insolvency Act 1986 and was a bankruptcy debt. Discharge of the bankrupt released him from liability for recovery of the overpaid benefit.”

WLR Daily, 4th April 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.