Wednesday, 9 December 2009

Latest edition of the BPIRs - more cases for our consumption - [2009] BPIR 1315-1544 Number 6

Jordans Publishing have published the latest edition of the BPIRs. The following cases have been included by the learned editors for our consumption:
"[2009] BPIR 1315

Butters and Others (Joint Administrators of WW Realisation 8 Ltd (Formerly Woolworths Media plc) and Woolworths Group plc) v BBC Worldwide Ltd and Others [2009] EWHC 1954 (Ch)
ChD, Peter Smith J, 20 August 2009
- ASSETS - Joint venture agreement and master licence agreement - Agreements terminable upon an insolvency event - Whether agreements remained in force - Whether termination provisions of the agreements breached the anti¬deprivation principle

[2009] BPIR 1355
Citigate Dewe Rogerson Ltd v Artaban Public Affairs Sprl [2009] EWHC 1689 (Ch)
ChD, His Honour Judge Hodge QC sitting as a High Court judge, 30 June 2009
- WINDING-UP PETITION - Council Regulation (EC) No 44/2001 - Abuse of process - Debt disputed on substantial grounds

[2009] BPIR 1367
D/S Norden A/S v Samsun Logix Corporation [2009] EWHC 2304 (Ch)
ChD, Guy Newey QC sitting as a deputy High Court judge, 12 August 2009
- CROSS-BORDER INSOLVENCY REGULATIONS 2006 - Enforcement of security - Stay on enforcement until foreign court had ruled on related matters

[2009] BPIR 1374
Re Gerrard (Trustee in Bankruptcy of Hynd) [2009] CSOH 76
Ct Sess (OH)
Lord Glennie, 29 May 2009
- BANKRUPTCY - Enforcement of bankruptcy order in Scotland - Whether Court of Session had jurisdiction - Insolvency Act 1986, s 426 - Cross-Border Insolvency Regulations 2006

[2009] BPIR 1380
Jones v Kernott [2009] EWHC 1713 (Ch)
ChD, Nicholas Strauss QC sitting as a deputy High Court judge, 10 July 2009
- TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996 - Beneficial interests in property - Suggested change in quantum of beneficial interests - Principles to be applied by court for determination of common interests of parties - Imputation of common intention - Use of criterion of fairness

[2009] BPIR 1399
Legal Services Commission v Thipthorpe
Chelmsford CC, Her Honour Judge Murfitt, 19 May 2009
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Legal Services Commission claim for recoupment of payments on account made to a solicitor - Accrual of cause of action - Whether cause of action accrued prior to approval of solicitor's individual voluntary arrangement - Whether claim for recoupment was a claim within the IVA

[2009] BPIR 1420
London Borough of Camden v Martin [2009] EWHC 2040 (Ch)
ChD, Jules Sher QC sitting as a deputy High Court judge, 7 August 2009
- BANKRUPTCY - Appeal - Direction - Whether direction binding - Estoppel or bar to making a bankruptcy order - Whether just to make a bankruptcy order

[2009] BPIR 1430
Re Loy (A Debtor); O'Sullivan v Loy (Case No 07-51050-FJS)
US BC, US Bankruptcy Judge Santoro, 3 August 2009
- BANKRUPTCY - Transaction avoidance - Avoiding transactions effected after the commencement of the case - Meaning of the commencement of the case - United States Code (Title 11) (Bankruptcy), s 549
BANKRUPTCY - Foreign main proceedings - Effective date of recognition of foreign main proceedings - UNCITRAL Model Law on Cross-Border Insolvency

[2009] BPIR 1438
Miller (Trustee in Bankruptcy of Bayliss) v Bayliss [2009] EWHC 2063 (Ch) ChD, Alison Foster QC sitting as a deputy High Court judge, 5 August 2009
- BANKRUPTCY - Shares vested in trustee in bankruptcy - Sale of shares - Whether binding agreement for sale reached with bankrupt's wife
- BANKRUPTCY - Trustee in bankruptcy - Duties of trustee - Whether trustee acting inappropriately - Whether bankrupt's wife had locus to interfere with trustee's decisions - Insolvency Act 1986, s 303

[2009] BPIR 1467
Pickthall v Hill Dickinson LLP [2009] EWCA Civ 543
CA, Laws and Thomas LJJ and Mann J, 11 June 2009
- BANKRUPTCY - Cause of action - Bankrupt commencing proceedings when cause of action vested in official receiver - Subsequent assignment from official receiver - Limitation - Abuse of process - Whether court should exercise discretion to allow amendment of claim

[2009] BPIR 1478
Rubin and Another v Eurofinance SA and Others [2009] EWHC 2129 (Ch)
ChD, Nicholas Strauss QC sitting as a deputy High Court judge, 31 July 2009
- BANKRUPTCY - Recognition of US bankruptcy - Enforcement of judgment - Cross-Border Insolvency Regulations 2006

[2009] BPIR 1502
Samsun Logix Corporation v DEF [2009] EWHC 576 (Ch)
ChD, Morgan J, 12 March 2009
- CROSS-BORDER INSOLVENCY REGULATIONS 2006 - Recognition of foreign court - Appointed receiver - Recognition of foreign main proceedings - Consequences of such recognition
Arbitration proceedings - Stay
Enforcement proceedings - Moratorium

[2009] BPIR 1505
Re Swissair Schweizerische Luftverkehr-Aktiengesellschaft [2009] EWHC 2099 (Ch)
ChD, David Richards J, 6 August 2009
- CROSS-BORDER INSOLVENCY - Power of English liquidator in ancillary winding up to remit realisations to a foreign liquidator in main winding up - Whether such a power existed at common law
Cross-Border Insolvency Regulations 2006 - Interpretation

[2009] BPIR 1512
Trustee in Bankruptcy of St John Poulton v Ministry of Justice [2009] EWHC 2123 (Ch)
ChD, Her Honour Judge Hazel Marshall QC sitting as a deputy High Court judge, 2 September 2009
- BANKRUPTCY - Breach of statutory duty - Alleged failure by Court Service to comply with Insolvency Rules, r 6.13 and to send notice of bankruptcy petition to Chief Land Registrar
- INSOLVENCY RULES - Whether capable of creating enforceable duties - Vires
- NEGLIGENCE - Failure by Court Service to perform statutory duty - Whether failure to act constituted negligence

[2009] BPIR 1538
Wood (Supervisor of a Company Voluntary Arrangement in Respect of The Heart Hospital Ltd) v The Heart Hospital Ltd and Others
ChD, Mr Registrar Jaques, 24 July 2009
- COMPANY VOLUNTARY ARRANGEMENT - Creditors not notified of meeting - Whether creditors bound - Whether supervisor should exercise discretion to admit the creditors' claims - Insolvency Act 1986, s 5(2)
- COMPANY VOLUNTARY ARRANGEMENT - Funds held by supervisor - Whether held on trust for creditors - Nature of supervisor's duties to existing creditors"

Picture Credit: http://img.dailymail.co.uk/i/pix/2008/05_02/judge0505_228x368.jpg

1 comment:

Brad Meyer said...

What do you call it when a petition to make someone bankrupt is filed by a solicitor who is not legally representing a client, using an affidavit not including any evidence what-so-ever and referencing a statutory demand that was never served?

Then, what do you call it when a judge, after reviewing the petition, declares the person bankrupt "upon reading" the non-existent evidence?

This real (and on-going) case is the centre of a hearing scheduled in the Administrative Court of Justice, Justice Briggs preciding, on 26th January.

The case is examined in a publication available via www.tinyurl.com/ebert-v1r2 which formed part of the Application for Annulment of the Bankruptcy Order that has brought the case to court.

Plase feel free to request background information.

Best Regards

bradmeyer2009@googlemail.com

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