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
    A vexed case - Court reigns in vexatious litigant to protect Bank
    2016-06-24

    This week’s TGIF considers the Federal Court decision of National Australia Bank Ltd v Garrett [2016] FCA 714 in which the Court stepped in to invalidate and restrain an improper registration on the PPSR

    BACKGROUND

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Security (finance), Personal property, Vexatious litigation, National Australia Bank
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Test for granting leave to sue court-appointed receiver
    2014-02-18

    Introduction
    'Frivolous or vexatious' test
    'Strong prima facie case' test
    Applying the same test for leave
    Receiver's appointment and discharge orders
    Comment

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Vexatious litigation, Prima facie, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Norm Emblem , Soloman Lam
    Location:
    Canada
    Firm:
    Dentons
    Court preserves right to sue receiver in respect of court-approved transaction
    2009-07-30

    1117387 Ontario Inc., by court order in October 2003, was placed under receivership for defaulting on payment of a mortgage. In October 2008, the Court was asked to approve the receiver’s third report and the proposed sale of the mortgaged lands. A complicating factor was that the mortgaged lands were subject to environmental contamination as a result of a neighbouring oil and gas facility.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Dentons, Pollution, Surety, Debtor, Debt, Mortgage loan, Fossil fuel, Frivolous litigation, Vexatious litigation, Default (finance)
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Major amendments to the Czech Insolvency Act
    2017-08-01

    The long-discussed amendments to the Czech Insolvency Act entered into force on 1 July 2017.

    These aim primarily to strengthen the transparency of insolvency proceedings; reduce paperwork in the insolvency courts; and change the system of allocation of insolvency cases in the area of debt relief.

    The following highlights the most fundamental changes introduced last month.

    Allocating insolvency cases

    Filed under:
    Czech Republic, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Vexatious litigation
    Authors:
    Thomas Rechberger
    Location:
    Czech Republic
    Firm:
    Taylor Wessing
    Czech Republic - An amendment to the Insolvency Act seeks to avoid vexatious insolvency petitions - however, the price may be too high
    2017-08-10

    One very serious problem associated with insolvency proceedings in the Czech Republic is submitting ‘vexatious’ insolvency petitions. In general, insolvency petitions are considered to be vexatious if they, in fact, pursue a goal other than that of resolving the debtor’s insolvency. Such petitions are often filed against financially sound entities in order to harm them in the eyes of their business partners and customers.

    Filed under:
    Czech Republic, Insolvency & Restructuring, HAVEL & PARTNERS, Vexatious litigation
    Authors:
    Petr Sprinz , Petr Chytil
    Location:
    Czech Republic
    Firm:
    HAVEL & PARTNERS
    Proceedings Dismissed Where Plaintiff Purchased Right to Litigate (21 March 2017)
    2017-03-21

    In SPV Optimal Osus Limited -v- HSBC Institutional Trust Services (Ireland) Limited & Ors the Court of Appeal rejected an appeal of a High Court decision dismissing proceedings as being frivolous and vexatious and bound to fail on the basis that the proceedings against the defendants were contrary to public policy, void and unenforceable as a matter of law since the assignment of the right to litigate third party claims amou

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, A&L Goodbody, Frivolous litigation, Vexatious litigation
    Authors:
    Ciaran Joyce
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Civil restraint order
    2009-06-24

    The courts have the power to and increasingly will make a civil restraint order where an individual persistently issues claims that are totally without merit.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Share (finance), Bankruptcy, Costs in English law, Interest, Vexatious litigation, Insolvency Act 1986 (UK), Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    An effective weapon of last resort
    2007-07-18

    The bankrupt’s trustee applied for a possession order of his home. The bankrupt unsuccessfully appealed his bankruptcy, the order in litigation that had led to his bankruptcy and the possession order, but he refused throughout to give up possession and applied for a committal order. The court found the bankrupt in contempt of court for failing to give possession and sentenced him to six months’ imprisonment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Contempt of court, Vexatious litigation, Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Civil restraint order
    2009-06-24

    The courts have the power to and increasingly will make a civil restraint order where an individual persistently issues claims that are totally without merit.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Share (finance), Bankruptcy, Costs in English law, Interest, Vexatious litigation, Insolvency Act 1986 (UK), Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    An effective weapon of last resort
    2007-07-18

    The bankrupt’s trustee applied for a possession order of his home. The bankrupt unsuccessfully appealed his bankruptcy, the order in litigation that had led to his bankruptcy and the possession order, but he refused throughout to give up possession and applied for a committal order. The court found the bankrupt in contempt of court for failing to give possession and sentenced him to six months’ imprisonment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Contempt of court, Vexatious litigation, Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG

    Pagination

    • Current page 1
    • Page 2
    • 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