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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

29 JUL 2010

More interesting cases from the BPIRs - award for most unusual library chairs goes to...

The editors over at the BPIRs have come up with another set of interesting cases for the latest volume of the BPIRs. Here are the abstracts:

Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Others [2010] EWHC 133 (Ch) [2010] BPIR 535

ChD, Sir Andrew Morritt Chancellor of the High Court, 1 February 2010

- JURISDICTION - Council Regulation (EC) No 44/2001 (Judgments Regulation) - Scope of the insolvency exception

- JURISDICTION - Council Regulation (EC) No 1346/2000 on Insolvency Proceedings - Whether party was investment undertaking - Position of in rem claimants

- JURISDICTION - Council Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (Service Regulation)


Child Maintenance and Enforcement Commission v Beesley and Whyman [2010] EWHC 485 (Ch) [2010] BPIR 552

ChD, His Honour Judge Pelling QC sitting as a High Court judge, 11 March 2010

- INDIVIDUAL VOLUNTARY ARRANGEMENT - Debtor in arrears of child maintenance - Debtor proposing individual voluntary arrangement - Whether child maintenance arrears a bankruptcy debt - Whether government body responsible for collecting child maintenance arrears a creditor bound by the IVA

- INDIVIDUAL VOLUNTARY ARRANGEMENT - Non-provable bankruptcy debt not discharged by bankruptcy - Proposal providing for a part payment in full and final settlement of non-provable and non-discharged debt alongside other creditors - Whether approval of the proposal unfairly prejudicial


Crossley-Cooke v Europanel (UK) Ltd [2010] EWHC 124 (Ch) [2010] BPIR 561

ChD, Roth J, 25 January 2010

- STATUTORY DEMANDS - Setting aside - Whether a genuine dispute requiring resolution before statutory demand could be used


Everitt (Trustee in Bankruptcy) v Budhram and Budhram [2009] EWHC 1219 (Ch) [2010] BPIR 567

ChD, Henderson J, 20 May 2009

- BANKRUPTCY - Husband and wife each bankrupt - Matrimonial home - Realisation of the matrimonial home by trustee in bankruptcy - Statutory considerations - Whether needs of bankrupt and spouse limited to financial needs - Whether needs of bankrupt and spouse covering medical and mental conditions - Extent to which needs of bankrupt to be considered on application - Insolvency Act 1986, s 335A

- BANKRUPTCY - Matrimonial home - Meaning of exceptional circumstances - Whether circumstances in which bankruptcy order obtained relevant to consideration of exceptional circumstances - Insolvency Act 1986, s 335A

- BANKRUPTCY - Remuneration of trustee in bankruptcy - Expenses of trustee in bankruptcy - Whether court entitled to review remuneration and expenses in absence of challenge - Practice Statement relating to the Fixing and Approval of the Remuneration of Appointees

- BANKRUPTCY - Matrimonial home - Order for possession and sale - Whether appropriate to impose charging order for trustee's remuneration and expenses - Insolvency Act 1986, s 335A


Hall and Shivers v Van Der Heiden [2010] EWHC 537 (TCC) [2010] BPIR 585

QBD, Coulson J, 15 March 2010

- INDIVIDUAL VOLUNTARY ARRANGEMENT - Interim order - Interim order obtained one working day before trial of substantial dispute - Whether permission to be granted to continue with trial - Insolvency Act 1986, s 252

- INDIVIDUAL VOLUNTARY ARRANGEMENT - Interim order - Permission to continue proceedings - Whether High Court having jurisdiction when interim order made in the county court - Insolvency Act 1986, ss 252, 373, 385 - Insolvency Rules 1986, r 7.11


Hooper (Trustee in Bankruptcy of Surjit Singh Chowdhary) v Duncan Lewis (Solicitors) Ltd and Others[2010] BPIR 591

ChD, Deputy Registrar Garwood, 12 March 2010

- BANKRUPTCY - Insolvency Act 1986, s 366 - Position of solicitors - Production of documents required

- BANKRUPTCY - Insolvency Act 1986, s 366 - Examination of third parties


A Block Transfer by Kaye and Morgan, Re; Re Paul Murphy and Others [2010] EWHC 692 (Ch) [2010] BPIR 602

ChD, His Honour Judge Pelling QC sitting as a High Court judge, 26 March 2010

- INDIVIDUAL VOLUNTARY ARRANGEMENTS - Clause capping supervisors' costs and expenses - Costs of application for block transfer order and bond for incoming supervisors causing cap to be exceeded - Whether court had power to vary the terms of the IVA - Whether costs cap could be exceeded - Insolvency Act 1986, s 263(4)


Oxford Pharmaceuticals Ltd (In Liquidation), Re; Wilson and Another v Masters International Ltd and Another [2009] EWHC 1753 (Ch) [2010] BPIR 608

ChD, Mark Cawson QC sitting as a deputy High Court judge, 10 July 2009

- WINDING UP - Alleged preferences - Whether preference in fact - Connected persons - Whether presumption that payment was influenced by desire to prefer rebutted - Remedies

- DIRECTOR - Alleged misfeasance arising from payments found to constitute preferences - Winding up - Nullity of post-petition dispositions

- DIRECTOR - Whether misfeasance to cause company to dispose of assets after winding-up petition


Pick (Trustee in Bankruptcy of Sumpter) v Sumpter and Another [2010] EWHC 685 (Ch) [2010] BPIR 638

ChD, His Honour Judge Purle QC sitting as a High Court Judge, 3 February 2010

- BANKRUPTCY - Family home - Sale and possession - Conditional order - Review


Roseoak Investments Ltd and Another v Network Rail Infrastructure Ltd and Another [2009] EWHC 3769 (Ch) [2010] BPIR 646

ChD, His Honour Judge Purle QC sitting as a High Court judge, 4 December 2009

- STATUTORY DEMAND - Failing to set aside statutory demand - Separate proceedings by debtor relating to the same issues - Abuse of process


Ross and Another v Commissioners for HM Revenue and Customs [2010] EWHC 13 (Ch) [2010] BPIR 652

ChD, Henderson J, 12 January 2010

- BANKRUPTCY - Appeal - Offer to secure - Terminal loss claim - Insolvency Act 1986, s 271 - Income Tax Act 2007, s 90


Stanford International Bank Ltd (In Liquidation), Re; Janvey v Wastell and Hamilton-Smith; Serious Fraud Office v Wastell and Hamilton-Smith; Stanford International Bank Ltd v Director of The Serious Fraud Office and Others [2010] EWCA Civ 137 [2010] BPIR 679

CA, Sir Andrew Morritt, the Chancellor of the High Court, Arden and Hughes LJJ, 25 February 2010

- CROSS-BORDER INSOLVENCY - Receiver appointed by Texan court - Liquidators appointed by Antiguan court - Whether either entitled to recognition in Great Britain under the Cross-Border Insolvency Regulations 2006 - Cross-Border Insolvency Regulations 2006, Arts 2(g), 2(i), 2(j), 16.3, 17

- CROSS-BORDER INSOLVENCY - Centre of main interests - Meaning of centre of main interests for purpose of the Cross-Border Insolvency Regulations 2006


Tomlinson (Trustee in Bankruptcy of Smalley) v Bridging Finance Ltd and Another [2010] BPIR 759

Preston CC, District Judge Turner, 11 January 2010

- BANKRUPTCY - Property vesting in trustee in bankruptcy - Disposition by former bankrupt - Insolvency Act 1986, s 284 - Land Registration Act 2002, ss 23, 24 and 86


Trustee in Bankruptcy of Louise St John Poulton v Ministry of Justice [2010] EWCA Civ 392 [2010] BPIR 775

CA, Pill, Lloyd and Pitchford LJJ, 22 April 2010

- BANKRUPTCY - Presentation of bankruptcy petition - Failure of the court to notify Chief Land Registrar of petition - Whether statutory duty to notify - Whether common law duty to notify - Whether subsequent trustee in bankruptcy able to maintain a claim for breach of duty - Insolvency Act 1986, s 284 - Insolvency Rules 1986, r 6.13


Weir v Area Estates Ltd [2010] BPIR 806

ChD, Robin Knowles CBE, QC sitting as a deputy judge of the Chancery Division, 18 December 2009

- BANKRUPTCY - Sale of land - Deposit - Lease - Surrender - Disclaimer - Notice - Insolvency Act 1986, s 284 - Land Registration Act 2002, s 86 - Law of Property Act 1925, s 198 - Land Charges Act 1972."


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