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    High Court approves framework to appoint conflict liquidators
    2016-08-09

    Angel Group Ltd and others concerned a group of companies in Administration where the director asserted that the companies’ bank had “conspired to artificially distress the business”

    The facts

    In the case of Angel Group Ltd and others [2015] EWHC 3624, Administrators from KPMG were appointed to Angel Group Limited and to seven of its subsidiaries. The Bank of Scotland was the only secured creditor, and was owed a residual balance of £20 million.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Conflict of interest, Commercial property, Memorandum of understanding, Secured creditor, Liquidator (law), Bank of Scotland
    Authors:
    Andrew Eaton
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Re-registration of a charge and reduction of a bankrupt's estate
    2013-04-03

    In the case of Garwood v Bank of Scotland PLC, the English High Court found that a charge that had been mistakenly released should be re-registered over property in the estate of a bankrupt, although this meant that the estate available to unsecured creditors would decrease.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bank of Scotland
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Sleight v The Crown Estate Commissioners [2018] EWHC 3489 (Ch) (19 December 2018)
    2019-01-10

    The Facts

    The application relates to the estate of Jillian Mascall (the “Deceased”), which owned around 27 properties. The Deceased died on 4 December 2014 and it later became apparent the estate was insolvent.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Rosling King LLP, Bank of Scotland
    Authors:
    Ann Ebberson
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    Re-raising an argument previously dismissed on its merits - an abuse of process?
    2017-03-17

    The Court of Appeal, in the case of Harvey v Dunbar Assets plc [2017] EWCA Civ 6, has held that it constitutes an abuse of process for a debtor to seek to set aside a second statutory demand on the basis of an argument previously raised and dismissed by the Court on its merits.

    The background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Irwin Mitchell LLP, Bank of Scotland, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    James Hillman
    Location:
    United Kingdom
    Firm:
    Irwin Mitchell LLP
    REO (Powerstation) Limited and Others (7th December 2011) JRC 232A: letters of request for administration orders
    2012-04-23

    The facts:

    An application had been made by Bank of Scotland Plc and the Governor and Company of the Bank of Ireland (the Applicants) for a letter of request to be sent by the Royal Court of Jersey to the High Court of England and Wales in respect of four Jersey companies which were ultimate beneficial owners of English real estate.  

    Filed under:
    Ireland, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Public limited company, Insolvency Act 1986 (UK), Bank of Scotland
    Location:
    Ireland, Jersey, United Kingdom
    Firm:
    Ogier
    Re-registration of a charge and reduction of a bankrupt's estate
    2013-04-03

    In the case of Garwood v Bank of Scotland PLC, the English High Court found that a charge that had been mistakenly released should be re-registered over property in the estate of a bankrupt, although this meant that the estate available to unsecured creditors would decrease.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bank of Scotland
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay

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