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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

05 DEC 2012

Latest BPIRs

The editors of the BPIR have drawn together another choice lot of cases. Here are the details: 


2012] BPIR 943 - 1098 Number 5

Cases added to the BPIR online database: 26 November 2012 
Printed copies available: 28 November 2012
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1. Published Cases

[2012] BPIR 943 
Adepegba-Ogidan v Fagade [2012] EWHC 1714 (Ch) 
ChD, His Honour Judge Birss QC (sitting as a High Court judge), 10 May 2012 
– ENFORCEMENT OF ALLEGED TRUST – Trust allegedly set up to defeat potential claims of potential creditors of settlor – Whether court should enforce trust – Whether trust could be established without relying upon illegality 
– STRIKING OUT OF CLAIMS – Scope of principle in Tinsley v Milligan 

[2012] BPIR 948 
Arif v Zar and Another [2012] EWCA Civ 986 
CA, Thorpe, Rimer and Patten LJJ, 18 July 2012 
– BANKRUPTCY – Bankruptcy order – Debtor’s petition – Annulment – Ancillary relief – Civil Procedure Rules 1998, rr 3.1 and 30.5 – Insolvency Act 1986, s 375 – Insolvency Rules 1986, r 7.15 

[2012] BPIR 958 
Cowey v Insol Funding Ltd [2012] EWHC 2421 (Ch) 
ChD, His Honour Judge Purle QC (sitting as a High Court judge), 5 July 2012 
– BANKRUPTCY – Locus standi of bankrupt to appeal 

[2012] BPIR 963 
Crammer v West Bromwich Building Society and Others [2012] EWCA Civ 517 
CA, Rimer and Patten LJJ, 25 April 2012 
– BANKRUPTCY – Bankruptcy order – Annulment – Rescission – Insolvency Act 1986, ss 282 and 375 

[2012] BPIR 972 
Doffman & Isaacs v Wood & Hellard [2011] EWHC 4008 (Ch) 
ChD, Proudman J, 13 September 2011 
– BANKRUPTCY – Trustee in bankruptcy – Removal from office

[2012] BPIR 985 
Frank Saul (Fashion) Ltd v Her Majesty’s Revenue and Customs [2012] EWHC 1603 (Ch) 
ChD, Vos J, 18 May 2012 
– PETITION – Disputed debt – Dismissal of petition – Costs – Exercise of discretion – Conduct of the parties – Whether conduct of parties relevant to exercise of discretion as to costs – Civil Procedure Rules 1998, r 44.3 

[2012] BPIR 996 
Garwood v Ambrose and Another [2012] EWHC 1494 (Ch) 
ChD, Peter Leaver QC (sitting as a High Court judge), 26 April 2012 
– BANKRUPTCY – Family home – Possession – Sale – Transaction at an undervalue 

[2012] BPIR 1005 
Re Get Me Tickets Ltd (In Liquidation); Official Receiver v (1) Rangos (2) Thavaratnam [2012] EWHC 1371 (Ch) 
ChD, His Honour Judge Mackie QC (sitting as High Court judge), 17 January 2012 
– PROCEEDINGS – Discontinuance of proceedings – Costs – Whether to make no order as to costs – Principles relevant to the exercise of discretion – Civil Procedure Rules 1998 r 38.6 

[2012] BPIR 1013 
Hughmans Solicitors v (1) Central Stream Services Ltd (In Liquidation) (2) Hunt [2012] EWHC 1222 (Ch) 
ChD, Briggs J, 11 May 2012 
– LIQUIDATION – Priority of claims over proceeds of sale of third-party property 
– TOMLIN ORDER – Interpretation – Whether creating beneficial interest in favour of claimant over proceeds of sale 
– CHARGING ORDER – Land Registration Act 2002 – Charging Orders Act 1979 – Whether a chargee secured by a charging order was a ‘volunteer’ 

[2012] BPIR 1021 
Hurley v The Darjan Estate Company plc [2012] EWHC 189 (Ch) 
ChD, Geraldine Andrews QC (sitting as a deputy High Court judge), 10 February 2012 
– BANKRUPTCY – Whether liquidated debt owed – Debt alleged to be rent due under tenancy agreement, validity of which disputed 
– DEEDS – Not properly witnessed – Whether specifically enforceable 
Undue influence – Whether alleged pressure exerted by husband over wife capable of constituting undue influence 
– UNDUE INFLUENCE – Whether third party put on notice in event of undue influence being established 

[2012] BPIR 1033 
Re Linfoot (A Debtor); Linfoot v (1) Adamson (2) Bank of Scotland plc (3) National Westminster Bank plc 
Leeds CC, His Honour Judge Behrens, 30 July 2012 
– INDIVIDUAL VOLUNTARY ARRANGEMENT – Secured creditor – Entitlement of secured creditor to vote at creditors’ meeting – Valuation of security – Basis upon which valuation might be challenged – Basis upon which decision of supervisor might be challenged – Insolvency Act 1986, ss 263(3), 303(1) 

[2012] BPIR 1049 
Re Office Metro Ltd; Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) 
ChD, Mann J, 9 May 2012 
– COUNCIL REGULATION (EC) NO 1346/2000 ON INSOLVENCY PROCEEDINGS – Secondary proceedings – Whether English company with COMI in Luxembourg had an ‘establishment’ in England 
– COUNCIL REGULATION (EC) NO 1346/2000 ON INSOLVENCY PROCEEDINGS – Secondary proceedings – Whether debtor company had an establishment in England – Timing considerations 
– WINDING-UP PETITION – Whether debtor company susceptible to secondary insolvency proceedings in England 

[2012] BPIR 1061 
Singla v (1) Stockler (2) Stockler Brunton (A Firm) [2012] EWHC 1176 (Ch) 
ChD, Briggs J, 10 May 2012 
– INSOLVENCY PRACTITIONER – Proceedings – Engagement of solicitors – Solicitors sharing confidential information with creditor funding the proceedings with approval of insolvency practitioner – Whether the solicitors to be prevented from acting for the creditor against the insolvency practitioner 

[2012] BPIR 1073 
Ward v Official Receiver 
Manchester CC, District Judge Khan, 31 May 2012 
– BANKRUPTCY – Sums received by Official Receiver in respect of complaint made by a discharged bankrupt about payment protection insurance policies – Whether ‘property’ within estate 
– PAYMENT PROTECTION INSURANCE – Complaint of misselling – Whether a cause of action falling within bankrupt’s estate 

[2012] BPIR 1078 
(1) Westwood Shipping Lines Inc (2) Weyerhaeuser NR Company v Universal Schifffahrtsgesellschaft mbH (formerly Gmb Schiffahrts GmbH) 
(1) Westwood Shipping Lines Inc (2) Weyerhaeuser NR Company v Gmb Schiffahrts GmbH 
[2012] EWHC 1394 (Comm) 
QBD, Christopher Clarke J, 25 May 2012 
– EU REGULATION – German company over which preliminary insolvency liquidator appointed by German court – Whether enforcement proceedings in UK to be continued against the company – Whether application for a receiver in UK over the company to be continued – Council Regulation (EC) 1346/2000 on Insolvency Proceedings."

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