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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 SEP 2012

The latest BPIR - another magnificent set of reports from the learned editors!

It is said that good things come in small packages. Well the post brings the latest BPIRs today and they are small and excellent! Here are the details:

[2012] BPIR 665 - 942 Number 4

Cases added to the BPIR online database: 11 September 2012
Printed copies available: 19 September 2012
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This case alert email is being sent to you as you subscribe to this service. It provides information on case reports that have just been published online and which will also shortly be available in print.

1. Published Cases

[2012] BPIR 665
Re Baillies Ltd
ChD, His Honour Judge Purle QC (sitting as a High Court judge), 6 January 2012
–SERVICE OF PROCEEDINGS – Application under Insolvency Act 1986, s 423 – Whether ‘insolvency proceedings’
–COUNCIL REGULATION (EC) No 1393/2007 (Service Regulation) – Application to insolvency proceedings
–DEFECTIVE SERVICE OF PROCEEDINGS – Whether capable of being rectified under Insolvency Rules 1986, r 7.55 – Balance of justice

[2012] BPIR 672
Bramston v Haut
ChD, Arnold J, 21 May 2012

–BANKRUPTCY – Automatic discharge – Undischarged bankrupt seeking to suspend automatic discharge to allow consideration of proposal for a post-bankruptcy individual voluntary arrangement – Whether trustee in bankruptcy acting unreasonably in refusing to seek or support suspension – Whether jurisdiction for undischarged bankrupt to apply for suspension – Insolvency Act 1986, ss 279(1), (3), (4), 303(1), 363

[2012] BPIR 686
HMRC v The Football League Ltd & Anr
ChD, David Richards J, 25 May 2012

–ADMINISTRATION – Liquidation – Bankruptcy – Pari passu principle – Anti¬deprivation rule – Whether football creditor policies adopted by the Football League offended such principles

[2012] BPIR 732
E-Clear (UK) plc v Elia & Ors
ChD, His Honour Judge Mackie QC (sitting as a High Court judge), 18 April 2012
–SOLICITORS – Alleged conflict of interest – Whether solicitors had ever acted for the other party
–SOLICITORS – Confidential information – Whether solicitors were in possession of confidential information relating to a party to litigation


[2012] BPIR 739
Hayes v Hayes
ChD, His Honour Judge Pelling QC (sitting as a High Court judge), 23 March 2012

–BANKRUPTCY – Family proceedings – Discharge – Application under Insolvency Act 1986, s 281(5) – Insolvency Act 1986, s 281 – Insolvency Rules 1986, r 12.3

[2012] BPIR 749
Horler v Rubin & Ors
CA, Mummery, Jackson and Lewison LJJ, 18 January 2012

–BANKRUPTCY – Assets – Dispute as to whether assets beneficially owned by the bankrupt, a partnership of which he was partner or a third party – Notification of claim to trustee in bankruptcy – Disposal of such assets by trustee prior to determination of claim – Assets found to be partnership assets – Liability of trustee in bankruptcy as constructive trustee for applying proceeds to dividends, remuneration and expenses – Whether trustee had reasonable grounds for believing that he was entitled so to act – Effect of proxy approving trustee’s conduct at creditors’ meeting – Insolvency Rules 1986, rr 8.1(1), (6), 8.3(6)

[2012] BPIR 758
Inbakumar v United Trust Bank Ltd
ChD, Vos J, 23 February 2012

–STATUTORY DEMAND – Application to set aside a statutory demand – Adequate reasons for dismissing the application – Security – Pending litigation by debtor against others

[2012] BPIR 774
Kaupthing Singer v Coomber & Anr
ChD, Arnold J, 19 December 2011

–BANKRUPTCY PETITION – Whether debtors had potential cross-claims which would extinguish the petition debt – Whether the proposed cross-claims raised any genuinely triable issue

[2012] BPIR 793
Marquis de Louville v Bonhams
ChD, Vos J, 2 November 2011

–BANKRUPTCY – Incapacity – Mental Capacity Act 2005, ss 1–3 and 16 – Civil Procedure Rules, Part 21 – Insolvency Act 1986, ss 271 and 282 – Insolvency Rules 1986, rr 7.43, 7.44 and 7.51A

[2012] BPIR 812
McAteer v Lismore
ChD, Deeny J, 9 March 2012

–TRUSTEE IN BANKRUPTCY – Realisation of assets of bankrupt – Whether reasonable care taken in conduct of sale
–TRUSTEE IN BANKRUPTCY – Failure to exercise reasonable care in realisation of assets – Remedies – Calculation of a just sum
Administration of estates of deceased insolvents


[2012] BPIR 826
OR (NI) v O’Brien
ChD, Deeny J, 19 April 2012

–BANKRUPTCY – Family home – Sale and possession of family home – Limitation – Partition Act 1868, s 4 – Insolvency (Northern Ireland) Order 1989, Art 309 – European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 as amended by Art 1 of Protocol 1, Arts 6 and 8

[2012] BPIR 836
Pace Europe Ltd v Dunham
ChD, His Honour Judge Purle QC (sitting as a High Court judge), 22 March 2012

–STATUTORY DEMANDS – Setting aside – Whether debt based upon foreign court judgment was enforceable in English law
–PROTECTION OF TRADING INTERESTS ACT 1980 – Interpretation


[2012] BPIR 843
Ross v HMRC
ChD, Norris J, 19 March 2012

–BANKRUPTCY – Rescission of bankruptcy order – Whether bankruptcy order to be rescinded to allow consideration of proposal for individual voluntary arrangement – Insolvency Act 1986, s 375

[2012] BPIR 854
Rubin v Dweck
ChD, Mr Registrar Jones, 18 April 2012

–TRANSACTION TO DEFRAUD CREDITORS – Whether conditions required for purposes of s 423 of the Insolvency Act 1986 satisfied

[2012] BPIR 888
Smeaton v Equifax plc
QBD, His Honour Judge Anthony Thornton QC, 11 May 2012

–BANKRUPTCY – Rescission – Credit reference agency – Credit data – Data Protection Act 1998 – Breach of statutory duty to update credit data – Negligence

Individual Voluntary Arrangements

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