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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 NOV 2010

The latest BPIRs - [2010] BPIR 1053-1296 Number 5: more interesting cases for our consumption

The learned editors have selected another set of interesting cases for the latest edition of the BPIRs. Here are the details:

"[2010] BPIR 1053
Re Abbey Forwarding Ltd (In Liquidation); Hone and Others v Brittain [2010] EWHC 1644 (Ch)
ChD, Richards J, 14 June 2010
- WINDING UP - Liquidator's powers - Whether court should intervene to control actions by liquidator in respect of conduct of litigation
Winding up - Whether liquidator should be removed

[2010] BPIR 1063
Doyle (Trustee in Bankruptcy) v James and Another
Cardiff CC, His Honour Judge Chambers QC, 9 April 2010
- BANKRUPTCY - Dwelling house - Realisation of interest in dwelling house by a trustee in bankruptcy - Meaning of 'realises' - Sham - Insolvency Act 1986, ss 283A and 423

[2010] BPIR 1075
Flett v Her Majesty's Revenue Customs and Daly [2010] EWHC 2662 (Ch)
ChD, Anthony Elleray QC (sitting as a deputy High Court judge), 10 May 2010
- BANKRUPTCY - Annulment - Whether bankruptcy order ought not to have been made - Revenue liability - Whether Revenue liability outstanding at date of bankruptcy - Burden on debtor to satisfy court of absence of liability - Effect of Taxes Management Act 1970 - Insolvency Act 1986, s 282(1)(a)
- BANKRUPTCY - Annulment - Whether bankruptcy order ought not to have been made - Appropriate relief in event of successful application - Insolvency Act 1986, s 282(1)(a) - Insolvency Rules 1986, r 6.30

[2010] BPIR 1090
Grosvenor Estates Belgravia v Laidley
ChD, Mr Registrar Jaques, 22 June 2010
- BANKRUPTCY PETITION - Dismissal - Costs where debtor pays off undisputed debt element of petition debt leaving a genuinely disputed element outstanding - Payment by debtor made after service of petition but petition not complying with requirements of the Insolvency Rules 1986
- BANKRUPTCY PETITIONS - Need to comply with requirements of the Insolvency Rules 1986

[2010] BPIR 1093
Hagemeister, Re (A Bankrupt) and Others
Manchester CC, Mr Recorder Neil Cadwallader, 19 May 2010 7 June 2010
- BANKRUPTCY - Jurisdiction - EC Regulation 1346/2000 on Insolvency Proceedings - Main proceedings and secondary proceedings
- EC REGULATION 1346/2000 ON INSOLVENCY PROCEEDINGS - Secondary proceedings - Whether debtor had establishment in England at time of petition
- BANKRUPTCY - Annulment - Whether debtor petition made appropriate disclosure to court

[2010] BPIR 1111
Hargreaves, Re (In Individual Voluntary Arrangement); Booth v Mond [2010] EWHC 1576 (Ch)
ChD, His Honour Judge Hodge QC (sitting as a High Court judge), 17 February 2010
- BANKRUPTCY - Individual voluntary arrangement - Income payments agreement - Whether arrears under an income payments agreement come within a subsequent IVA - Insolvency Act 1986, s 310A - Insolvency Rules 1986, rr 6.193B and 12.3

[2010] BPIR 1123
Her Majesty's Revenue and Customs v (1) Portsmouth City Football Club Ltd (2) Kubic and Kiely (Joint Administrators of Portsmouth City Football Club Ltd [2010] EWHC 2013 (Ch)
ChD, Mann J, 5 August 2010
- COMPANY VOLUNTARY ARRANGEMENT - Challenge by HMRC on the grounds of unfair prejudice and/or material irregularity - Whether proposal to creditors made full disclosure of relevant facts - Contentious disqualification of part of HMRC claim by chairman of creditors' meeting - Status of football creditors under a CVA

[2010] BPIR 1151
Legal Equitable Securities plc (In Liquidation); Bella v Linton and Another [2010] EWHC 2046 (Ch)
ChD, Lewison J, 21 May 2010
- LIQUIDATION - Proof of debt - Rejection of proof - Extension of time for appealing the rejection of proof

[2010] BPIR 1155
Mayhew v King and Milbank Trucks Ltd [2010] EWHC 1121 (Ch)
ChD, Sir Edward Evans-Lombe (sitting as a High Court judge), 20 May 2010
- ANTI-DEPRIVATION PRINCIPLE - Meaning and effect - Whether assignee from insolvent company entitled to invoke the principle

[2010] BPIR 1167
Mond and Another v MBNA Europe Bank Ltd [2010] EWHC 1710 (Ch)
ChD, Sir William Blackburne sitting as a High Court judge, 9 July 2010
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Proposal for voluntary arrangement - IVA protocol - Creditor abiding by IVA protocol rejecting proposal - Whether IVA protocol requires a creditor to have a good reason for rejection

[2010] BPIR 1192
Moseley v Else Solicitors LLP
Birmingham CC, District Judge Dowling, 28 July 2010
- STATUTORY DEMAND - Setting aside - Whether demand was for a liquidated sum
- SOLICITORS - Invoices addressed to client not paid - Whether unpaid bill, which had not been assessed or made subject to a judgment, constituted a liquidated sum - Client indicating to solicitors that invoice would be paid - Estoppel

[2010] BPIR 1204
Practice Guidance: McKenzie Friends (Civil and Family Courts)
Civ/Fam Cts, Lord Neuberger of Abbotsbury, Master of the Rolls and Sir Nicholas Wall, the President of the Family Division, 12 July 2010
- PRACTICE GUIDANCE - McKenzie friends

[2010] BPIR 1210
Re Ramrattan (In Bankruptcy); Stonham (Trustee in Bankruptcy of Ramrattan) v Ramrattan and Bortolussi [2010] EWHC 1033 (Ch) [2010] EWHC 1059 (Ch)
ChD, Mann J, 5 May 2010 7 May 2010
- BANKRUPTCY - Sham transaction by bankrupt in favour of spouse - Relief to be granted upon finding sham - Matters to consider in exercise of discretion
- BANKRUPTCY - Transaction at undervalue - Transfer of matrimonial home from bankrupt to spouse - Relief to be granted upon finding transaction at an undervalue - Matters to consider in exercise of discretion - Insolvency Act 1986, s 339
- BANKRUPTCY - Use it or lose it provisions - Effect of use it or lose it provisions on recovery proceedings by trustee in bankruptcy - Enterprise Act 2002, s 261(8) - Insolvency Act 1986, ss 283, 283A, 339

[2010] BPIR 1234
Re Sixty UK Ltd (In Administration and Company Voluntary Arrangement); Ryohin Keikaku Europe Ltd v Hollis and O'Reilly (Joint Administrators and Supervisors of Sixty UK Ltd) [2009] EWHC 3866 (Ch)
ChD, His Honour Judge McCahill QC (sitting as a High Court Judge), 15 October 2009
- ADMINISTRATION - Tenant company in administration - Whether rent payable as an administration expense by agreement - Whether rent payable as an administration expense under the Lundy Granite principle - Insolvency Act 1986, Sch B1, para 66 - Insolvency Rules 1986, r 2.67
- COMPANY VOLUNTARY ARRANGEMENT - Company leased retail premises as assignee from original tenant - Original tenant guarantor of company's obligations to landlord - Whether original tenant entitled to claim as a creditor within company voluntary arrangement - Whether lease surrendered - Whether voluntary arrangement releasing liabilities of third parties

[2010] BPIR 1264
Re Sixty UK Ltd (In Administration and Company Voluntary Arrangement); Mourant & Co Trustees Ltd and Mourant Property Trustees Ltd v Sixty UK Ltd (In Administration), Hollis and O'Reilly [2010] EWHC 1890 (Ch)
ChD, Henderson J, 23 July 2010
- COMPANY VOLUNTARY ARRANGEMENT - Retail premises leased by tenant company - Voluntary arrangement imposing release of parent company's guarantee of tenant company's liability to landlord - Whether voluntary arrangement unfairly prejudicial - Whether material irregularity at or in relation to the creditors' meeting - Insolvency Act 1986, s 6(1)
- COMPANY VOLUNTARY ARRANGEMENT - Retail premises leased by tenant company - Voluntary arrangement imposing compromise of landlord's claim against the tenant company - Whether adequate compensation - Whether voluntary arrangement unfairly prejudicial - Whether material irregularity at or in relation to the creditors' meeting - Insolvency Act 1986, s 6(1)
- VOLUNTARY ARRANGEMENT - Duties and obligations of insolvency practitioners."

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