Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Administrators' and bank's conduct exonerated
    2017-07-04

    The Facts

    A former director of the Torex group of companies pursued proceedings against the group’s administrators, bankers and the purchaser claiming that the sale had been at an undervalue, that the bank and purchaser conspired by unlawful means in respect of the sale and that the administrators had been negligent in distributing the prescribed part. The administrators, bank and purchaser all applied to strike out the claims by way of summary judgment.

    Claims Against Administrators

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, High Court of Justice (England & Wales)
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Winding-up petition struck out on basis that not proper forum for dispute
    2017-07-04

    The Facts

    RBK Engineering Ltd served a winding up petition on Breyer Group Plc, a construction company and contractual counterparty, alleging that it owed £258,729.16 and had admitted its insolvency. Breyer Group Plc applied to strike out the winding up petition on the basis that it was an abuse of process. It argued that it was solvent and had substantial counterclaims of its own.

    The Decision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Can a trustee in bankruptcy be liable to a bankrupt personally, rather than simply in respect of losses to the bankrupt's estate?
    2017-07-04

    Key Points 

    • S 304 of the Insolvency Act 1986 is concerned with acts or omissions by a trustee in bankruptcy that have caused loss or damage to the estate
    • However, the wording of that Section does not go so far as to state that in no circumstances can a trustee owe an enforceable duty in respect of loss or damage caused to the bankrupt personally.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Katherine Hudson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Court of Appeal clarifies the use of Notices of Intention to Appoint
    2017-06-01

    Key Points 

    • Directors cannot file a notice of intention to appoint (NoI) without a ‘settled intention’ to appoint an administrator
    • NoIs cannot be used where there is no qualifying floating charge holder (QFCH)
    • The judgment has implications for validity of appointments where requirements not met

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    A trustee in bankruptcy can only disclaim assets that form part of the bankruptcy estate
    2017-06-01

    Background

    The bankrupt and her husband, the appellant, were joint tenants of a business premises pursuant to an underlease. The trustee in bankruptcy disclaimed ‘all my/our interest in Leasehold property under the terms of the [underlease] in respect of [the property]’.

    Appellant’s Case

    The appellant contended that the disclaimer operated such as to prevent the landlords from claiming for rent in the bankruptcy estate post disclaimer.

    Landlords’ Case

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    The High Court considers whether buyers of 'off plan' leases can claim buyers' liens upon the liquidation of the seller
    2017-06-01

    Key Point

    In certain circumstances, a purchaser’s deposit may constitute an equitable lien upon the liquidation of the seller.

    The Facts

    An application under s112 IA 1986 was made by the joint liquidators of Alpha (Student) Nottingham Ltd to determine whether the purchasers of unbuilt flats had the benefit of equitable liens, and therefore ranked as secured creditors in the liquidation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency Act 1986 (UK)
    Authors:
    Katherine Hudson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Commitment to efficiency and costs savings of cross-border insolvency under the CBIR
    2017-06-01

    The Facts

    Three former managers of a Russian company sought security for costs from its liquidator in respect of hearings to set aside a recognition order obtained by the liquidator pursuant to the Cross-Border Insolvency Regulations 2006 (the CBIR) and for documents pursuant to Section 236 of the Insolvency Act 1986.

    The Decision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency Act 1986 (UK)
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    When will a liquidator be personally liable for the costs of unsuccessfully rejecting a claim?
    2017-05-01

    Summary

    A liquidator rejected creditors’ claims. The creditors successfully appealed that decision and sought the costs of that application from the liquidator personally under rule 4.83 of the Insolvency Rules 1986 (as it then was) on the assertion that the reason the liquidator rejected the claims was that they exceeded the value of a potential misfeasance claim against the creditors and he did not want set off to defeat the misfeasance claim.

    Creditors’ Case

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Key impact of foreign insolvency on cross border litigation
    2017-05-01

    Key Points 

    • Claims against Kaupthing could not be pursued in the English courts
    • No implied restriction on jurisdictional effect under the Winding-up Directive
    • Position analogous to Judgments Regulation and Insolvency Regulation

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    When does a trust created by an individual voluntary arrangement (IVA) come to an end?
    2017-05-01

    The Facts

    A debtor entered into an IVA with his creditors. He complied with the terms of the IVA and a certificate of compliance was issued by the IVA supervisor. Subsequently, the debtor received two PPI settlement payments from banks. The supervisor applied to court for directions as to whether the payments were caught by the trust created by the IVA. The Deputy District Judge held not and the High Court agreed on appeal. The supervisor was given permission to appeal to the Court of Appeal.

    The Decision

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Neil Smyth
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 52
    • Page 53
    • Page 54
    • Page 55
    • Current page 56
    • Page 57
    • Page 58
    • Page 59
    • Page 60
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days