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"

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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 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