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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

15 DEC 2010

Latest Cases from the BPIRs - another interesting set - [2010] BPIR 1297-1488 Number 6

The learned editors of the BPIRs have put together another interesting set of cases for our consumption. This is the final volume of the year. Here are the latest volume's contents and catchwords:

"[2010] BPIR 1297
Re ABC Ltd and Another [2010] EWHC 1645 (Ch)
ChD, Nicholas Strauss QC (sitting as a deputy High Court judge), 18 June 2010
LIQUIDATION - Disclosure - Letter of request - Insolvency Act 1986, s 236 - Crime (International Co-operation) Act 2003, ss 7, 9

[2010] BPIR 1304
Annulment Funding Company Ltd v (1) Cowey (2) Cowlam [2010] EWCA Civ 711
CA, Arden and Jackson LJJ and Morgan J, 23 June 2010
- BANKRUPTCY - Annulment - Annulment funding - Loan to debtor and his co¬habitee secured on their home - Enforcement of annulment funding agreement - Extent to which annulment funding agreement procured by undue influence by debtor on co-habitee - Extent to which annulment funding agreement procured by misrepresentation by debtor to co¬habitee - Whether co-habitee jointly liable with the debtor on the loan - Whether co-habitee entitled to set aside loan and charge as against debtor and lender

[2010] BPIR 1322
Consolidated Finance Ltd v Hunter
Macclesfield CC, District Judge Swan, 1 July 2010
- BANKRUPTCY - Annulment - Annulment funding - Enforcement of annulment funding agreement - Whether annulment funding agreement enforceable - Consumer Credit Act 1974, ss 140A-D

[2010] BPIR 1331
Cook v Consolidated Finance Ltd [2010] EWCA Civ 369
CA, Lord Neuberger of Abbotsbury (Master of the Rolls), Thomas and Wall LJJ, 17 March 2010
- BANKRUPTCY - Annulment - Annulment funding - Enforcement of annulment funding agreement - Extent of debtor's liability to annulment funder - Whether adequate reasons provided by trial judge

[2010] BPIR 1339
Re Energy Holdings (No 3) Ltd (In Liquidation) [2010] EWHC 788 (Ch)
ChD, Sir John Lindsay (sitting as a High Court judge), 19 March 2010
- COMPANY VOLUNTARY ARRANGEMENT - Supervisor - Creditor - Adjudication of creditor claims

[2010] BPIR 1368
Re Metrocab Ltd and Re Frazer Nash Technology Ltd [2010] EWHC 1317 (Ch)
ChD, Philip Marshall QC (sitting as a deputy High Court judge), 11 June 2010
- LIQUIDATION - Winding-up order - Rescission of winding-up order - Extension of time for application to rescind - Delay - Civil Procedure Rules 1998, r 3.9 - Insolvency Rules 1986, r 7.47

[2010] BPIR 1389
R (Payne and Cooper) v Secretary of State for Work and Pensions [2010] EWHC 2162 (Admin)
QBD, Cranston J, 26 July 2010
- DEBT RELIEF ORDERS - Authorities seeking to recover overpaid benefits from debtors - Whether recovery process a 'remedy' - Whether caught by moratorium

[2010] BPIR 1407
Report on an Investigation into Complaint No 08 014 087 against Brighton and Hove Council, Tony Redmond (Local Government Ombudsman), 3 February 2010
- BANKRUPTCY - Council tax arrears - Failures in scrutiny practice adopted by local authority as prelude to use of bankruptcy - Whether bankruptcy would have proceeded had appropriate procedures been followed
- LOCAL GOVERNMENT OMBUDSMAN - Whether council guilty of maladministration in vetting council defaulters for bankruptcy process

[2010] BPIR 1420
Report on an Investigation into Complaint No 09 006 694 against Thurrock Council, Tony Redmond (Local Government Ombudsman), 3 February 2010
- LOCAL AUTHORITIES - Council tax arrears - New collection policy designed to avoid bankruptcy of council tax defaulter - Levy charged on those defaulters using the instalments repayment scheme - Whether legal

[2010] BPIR 1431
Sands and Another (Trustees in Bankruptcy of Monem (A Bankrupt)) v Monem and Another [2010] EWHC 1972 (Ch)
ChD, Norris J, 30 July 2010
- BANKRUPTCY - Preference - Permission to appeal - Extension of time for application seeking permission to appeal - Standing of bankrupt to seek permission to appeal

[2010] BPIR 1437
Sands and Treharne (Trustees in Bankruptcy of Mark Ward) v Wright
ChD, Mr Registrar Simmonds, 14 October 2009
- BANKRUPTCY - Post-petition payment - Whether payment void - Whether payment made for value - Whether recipient acting in good faith - Insolvency Act 1986, s 284(1), (4)

[2010] BPIR 1443
Warwick (Formerly Yarwood) v Trustee in Bankruptcy of Clive Graham Yarwood [2010] EWHC 2272 (Ch)
ChD, His Honour Judge David Cooke (sitting as a High Court judge), 13 September 2010
- BANKRUPTCY - Bankruptcy petition - Ancillary relief proceedings - Husband and wife agreeing to sale of matrimonial home and enhanced sum to be paid to wife out of the proceeds of sale - Enhanced sum paid to wife after presentation of bankruptcy petition against husband - Whether binding agreement for compromise of ancillary relief proceedings - Whether wife entitled to enhanced sum on basis of constructive trust or proprietary estoppel - Whether distribution of proceeds of sale void as being post¬petition disposition - Insolvency Act 1986, s 284
- BANKRUPTCY - Ancillary relief proceedings - Whether compromise of ancillary relief proceedings enforceable

[2010] BPIR 1459
Weir v Area Estates Ltd [2010] EWCA Civ 801
CA, Carnwath, Moore-Bick and Wilson LJJ, 20 July 2010
-BANKRUPTCY - Sale of land - Deposit - Lease - Surrender - Disclaimer - Notice - Insolvency Act 1986, s 284 - Law of Property Act 1925, s 42

[2010] BPIR 1468
Young and Others v Hamilton and Others [2010] NICh 11
ChD, Treacy J, 11 June 2010
- BANKRUPTCY - Causes of action - Whether cause of action hybrid or personal to the bankrupt - Whether cause of action vested in trustee in bankruptcy vesting of property - Insolvency Act 1986, ss 306, 283 and 436
- BANKRUPTCY - Disclaimer - Effect of disclaimer - Whether effect of disclaimer to revest disclaimed property in the bankrupt
- BANKRUPTCY - Cause of action vested in trustee in bankruptcy - Whether restrictions on bankrupt's ability to pursue cause of action affected bankrupt's Convention rights - European Convention on Human Rights, Arts 6, 8, Protocol 1, Art 1

[2010] BPIR 1477
Young v Official Receiver [2010] EWHC 1591 (Ch)
ChD, Mann J, 23 March 2010
BANKRUPTCY - Causes of action - Cause of action relating to land vested in trustee in bankruptcy - Whether disclaimer of interest in land applied also to cause of action
- BANKRUPTCY - Disclaimer - Effect of disclaimer - Whether effect of disclaimer to revest disclaimed property in the bankrupt
- BANKRUPTCY - Matrimonial home - Causes of action regarding the matrimonial home - Whether effect of use it or lose it provisions applied to the cause of action - Insolvency Act 1986, s 283A
- BANKRUPTCY - Cause of action vested in trustee in bankruptcy - Whether trustee's failure to advance cause of action affected bankrupt's Convention rights - European Convention on Human Rights, Arts 6, 8, Protocol 1, Art 1."

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