All your resources at your fingertips.Learn More
(Chancery Division, Mann J, 26 June 2012)
The debtor had provided a guarantee to the bank in relation to the debts of a group of companies. Judgment was entered against the debtor on the guarantee and also in respect of another debt, and ultimately the debtor was made bankrupt. The debtor then embarked on wide-ranging litigation against the administrative receivers of the companies and his trustee in bankruptcy, together with an annulment application. In advance of a claim against the bank, the debtor sought pre-action disclosure of various documents and correspondence between the receivers, the liquidators of the companies and the bank, claiming that he had entered into a deed of assignment with the trustee in bankruptcy in relation to any cause of action that the proceedings might involve...
To read the full case summary and to view the case transcript, you must subscribe to Jordans Insolvency Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Insolvency Law online from the drop down menu.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...