Category: insolvency

Day v Haine and another – WLR Daily

Posted June 13th, 2008 in EC law, insolvency, law reports, redundancy by sally

Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188

“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”

WLR Daily, 12th June 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.

In re Federal-Mogul Aftermarket UK Ltd and others – WLR Daily

Posted May 23rd, 2008 in insolvency, law reports, pensions by sally

In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166

“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”

WLR Daily, 23rd May 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.


Law change call for bust builders – BBC News

Posted May 19th, 2008 in building law, insolvency, news by sally

“Laws need to be tightened to ensure homeowners are not out of pocket when builders go bankrupt, the housing minister for Wales has said.”

Full story

BBC News, 19th May 2008

Source: www.bbc.co.uk

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and Others v Riddell and Another

House of Lords

“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”

The Times, 11th 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.

McGrath and others v Riddell and another [2008] UKHL 21 – WLR Daily

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and others v Riddell and another [2008] UKHL 21; [2008] WLR (D) 101

“If the country of the principal winding up of an insolvent company was a designated ‘relevant country’ for the purposes of s 426 of the Insolvency Act 1986 and the insolvency laws of that country would involve a pari passu distribution of assets to ordinary unsecured creditors, then an English court should accede to a request to remit assets located in England to the principal liquidators for distribution according to the foreign law even if, under that law, there would be a class of preferential creditors who would not have had priority under English insolvency law.”

WLR Daily, 10th April 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.

Regina (Griffin) v Richmond Magistrates Court – Times Law Reports

Posted March 31st, 2008 in fraud, human rights, insolvency, law reports by sally

Regina (Griffin) v Richmond Magistrates Court

Queen’s Bench Divisional Court

“A defendant charged with failing to deliver up books and papers in the course of the winding-up of a company and who raised the statutory defence of no intent to defraud bore a legal burden rather than an evidential one; that burden was not incompatible with the right to a fair trial.”

The Times, 31st March 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.

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation) – WLR Daily

Posted March 19th, 2008 in company directors, insolvency, law reports, married persons by sally

Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89

“In order to establish that a person was a de facto director of a company it was necessary, inter alia, to plead and prove that he undertook functions in relation to the company which could properly be discharged only by a director.”

WLR Daily, 18th March 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.

In re Airbase (UK) Ltd; In re Airbase International Services Ltd – WLR Daily

Posted February 7th, 2008 in floating charges, insolvency, law reports by sally

In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch); [2008] WLR (D) 30

“The provisions of s 176A of the Insolvency Act 1986, which dealt with floating charges relating to property of a company that was, inter alia, in administration, excluded from participation in any distribution from the ‘prescribed part’ of a company’s net property, as defined in s 176A(6) of the Act, secured creditors who had unsecured debts due to a shortfall in the value of their security.”

WLR Daily, 6th 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.

R (Griffin) v Richmond Magistrates’ Court – WLR Daily

Posted January 29th, 2008 in fraud, human rights, insolvency, law reports by sally

R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13

“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th January 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.

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

Posted August 15th, 2007 in company directors, insolvency, law reports, unfairly prejudicial conduct by sally

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

Posted August 8th, 2007 in company directors, insolvency, law reports, unfairly prejudicial conduct by sally

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.