Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 NOV 2011

White v Davenham Trust Ltd [2011] EWCA Civ 747, [2011] BPIR 1187, (Maurice Kay (Vice President of the Court of Appeal, Civil Division), Lloyd and Elias LJJ, 28 Jun 2011)

In dismissing an appeal from the decision of Floyd J ([2010] EWHC 2748 (Ch), [2011] BPIR 280) the Court of Appeal, distinguishing Remblance v Octagon Assets Ltd [2009] EWCA Civ 581, [2009] BPIR 1129, held that the existence of third-party security, which on a statutory demand against the debtor who gave the security would bring into application r 6.5(4)(c) of the Insolvency Rules 1986, was by itself entirely irrelevant under r 6.5(4)(d) of the Rules to a statutory demand served on a separate debtor even if liable as guarantor for the same debt but who had given no security himself.

Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Subscribe to our newsletters