Thursday, 29 October 2009

Latest edition of the BPIRs - more cases for our consumption

The latest edition of the Bankruptcy and Personal Insolvency Reports (BPIR) has been published by Jordan Publishing Ltd. The series makes essential reading for all those who are interested in our area. The editors (Professor David Milman (pictured), Paul French and David Middleton) have selected the following cases and added the following catchwords:
"1. Published Cases
[2009] BPIR 973
Bateman v Williams [2009] EWHC 1760 (Ch)
ChD, David Richards J ,22 July 2009
Bankruptcy - Family home - Sale and possession - Exoneration - Occupation rent - Insolvency Act 1986, s 323

[2009] BPIR 983
Holland v Her Majesty's Revenue and Customs and Another [2009] EWCA Civ 625,
CA, Ward, Rimer and Elias LJJ, 2 July 2009
Liquidation - De facto director - Misfeasance - Relief by the court - Insolvency Act 1986, s 212 - Companies Act 1985, s 727

[2009] BPIR 1029
Masri v Consolidated Contractors International SAL and Another [2009] UKHL 43
HL, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Brown of Eaton-Under-Heywood and Lord Mance, 30 July 2009
Examination - Officer of judgment debtor - Civil Procedure Act 1997, s 1 - Civil Procedure Rules, Part 6 - Civil Procedure Rules, Part 71

[2009] BPIR 1047
Nationwide Building Society v Wright [2009] EWCA Civ 811
CA, Maurice Kay, Lloyd LLJ and Sir John Chadwick, 29 July 2009
Bankruptcy - Judgment creditor - Charging orders Act - Final charging order obtained between presentation of petition and bankruptcy order - Whether judgment creditor entitled to keep the benefit of the charging order - Whether charging order to be set aside - Charging Order Act 1979, s 3(5) - Insolvency Act 1986, s 346(1), (5)

[2009] BPIR 1061
Official Receiver v McKay [2009] EWCA Civ 467
CA, Mummery and Lloyd LJJ and Sir Paul Kennedy, 16 June 2009
Bankruptcy annulment - Annulment on grounds that debts have been paid - Proof of only debt withdrawn - Grounds for annulment - Applicability of precedents determined under earlier Bankruptcy Acts

[2009] BPIR 1075
Official Receiver v Mitterfellner
ChD, Chief Registrar Baister, 10 June 2009
Cross-border insolvency - EC Regulation on Insolvency Proceedings (No 1346/2000) - Whether bankrupt had centre of main interests in UK - Annulment of bankruptcy order - Consideration of factual evidence

[2009] BPIR 1093
Perpetual Trustee Co Ltd and Another v BNY Corporate Trustee Services Ltd and Another [2009] EWHC 1912 (Ch)
ChD, Sir Andrew Morritt CVO, Chancellor of the High Court, 28 July 2009
Liquidation - British Eagle principle - Pari passu rule - Contracting out

[2009] BPIR 1121
Progress Property Co Ltd v Moorgarth Group Ltd [2009] EWCA Civ 629
CA, Mummery, Toulson and Elias LJJ, 26 June 2009
Undervalue - Unlawful return of capital - Sale of shares between two companies sharing a common director and ultimate holding company - Sale negotiated by the common director - Sale at an undervalue due to miscalculation - Whether share sale amounted to unlawful distribution of the selling company's assets - Companies Act 1985, s 263

[2009] BPIR 1129
Remblance v Octagon Assets Ltd [2009] EWCA Civ 581
CA, Ward, Mummery and Dyson LJJ, 17 June 2009
Statutory demands - Setting aside - Position of guarantor where principal debtor has a cross claim - Discretion of court - Role of court in ensuring that justice was achieved in set-aside applications

[2009] BPIR 1148
Rottmann v Brittain [2009] EWCA Civ 473
CA, Ward, Keene and Lawrence Collins LJJ, 18 March 2009
Examination of bankrupt - Public or private examination - Relevance of proceedings in Germany - Right not to self incriminate

[2009] BPIR 1157
Re Stanford International Bank Ltd [2009] EWHC 1441 (Ch) [2009] EWHC 1661 (Ch)
ChD, Lewison J, 3 July 2009, 9 July 2009
Cross-border insolvency - Receiver appointed by Texan court - Liquidators appointed by Antiguan court - Whether either entitled to recognition in Great Britain under the Cross¬Border Insolvency Regulations 2006 - Cross¬Border Insolvency Regulations 2006, Arts 2(g), 2(i), 2(j), 16.3, 17
Cross-border insolvency - Centre of main interests - Meaning of centre of main interests for purpose of the Cross-Border Insolvency Regulations 2006

[2009] BPIR 1191
Stone & Rolls Ltd (In Liquidation) v Moore Stephens (A Firm) and Another [2009] UKHL 39
HL, Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Mance, 30 July 2009
Negligence - Auditor - Ex turpi causa

[2009] BPIR 1291
Supperstone v Hurst (No 5) [2009] EWHC 1271 (Ch)
ChD, Bernard Livesey QC sitting as a High Court judge, 9 June 2009
Bankruptcy - Applications without merit against trustee in bankruptcy and his firm by bankrupt and bankrupt's wife - Extended civil restraint orders - Factors to consider in making order - Whether to extend order to prohibit communication with the trustee in bankruptcy and others - Civil Procedure Rules, r 3.11 - Practice Direction to Civil Procedure Rules r 3.11

[2009] BPIR 1304
Syska and Another v Vivendi Universal and Others [2009] EWCA Civ 677
CA, Mummery, Longmore and Patten LJJ, 9 July 2009
EC Regulation on Insolvency Proceedings - Arbitration proceedings - Effect of insolvency of one of parties to arbitration on continuance of arbitration - Choice of governing law."
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