Friday, 5 March 2010

Latest BPIRs - some interesting cases selected by the Editors

Jordans Publishing Ltd have published the latest edition of the Bankruptcy and Personal Insolvency Reports ([2010] BPIR 1-288 Number 1). The editors have selected some interesting cases. Here are the summaries:
"[2010] BPIR 14
Eng Ltd v Roger Harper and Others [2009] EWHC 2633 (Ch)ChD, Sales J, 26 October 2009- TRANSACTION DEFRAUDING CREDITORS - Required purpose - Relevance of state of mind of transferee - Change of position defence for transferee - Whether court required to take account of financial circumstances of transferee if retransfer ordered - Whether monetary compensation also to be awarded due to diminution in value of property retransferred - Insolvency Act 1986, ss 423, 425

[2010] BPIR 37
Re Anderson Owen Ltd (In Liquidation); Merrygold v Bates and Another [2009] EWHC 2837 (Ch)
ChD, Norris J, 11 November 2009
- MISFEASANCE PROCEEDINGS - Service of proceedings abroad - Relationship between Regulation (EC) No 1393/2007 (the Service Regulation) and Regulation (EC) 1346/2000 (the Insolvency Regulation)
- INSOLVENCY PROCEEDINGS - Curative jurisdiction under the Insolvency Rules 1986, r 7.55 - Whether that jurisdiction applied to cases of errors in service of proceedings

[2010] BPIR 49
Casson and Wales v The Law Society [2009] EWHC 1943 (Admin)
QBD, Richards LJ and Maddison J, 20 October 2009
- BANKRUPTCY - Contingent debts - Whether obligation was contingent - Effect of discharge from bankruptcy
- SOLICITORS - Compensation orders made by Legal Complaints Service after solicitors discharged from bankruptcy - Complaints made in respect of alleged inadequate service given before bankruptcy
Solicitors - Complaints by clients - Procedure

[2010] BPIR 62
Clydesdale Financial Services Ltd and Others v Smailes and Others (No 1) [2009] EWHC 1745 (Ch)
ChD, David Richards J, 18 June 2009
- INSOLVENCY - Administration - Sale of assets through pre-pack administration - Administrator's involvement in sale negotiation prior to appointment - Challenge to the sale - Whether administrator appropriate person to conduct review of sale - Removal of administrator - Insolvency Act 1986, Sch B1, paras 74, 75, 88 - Statement of Insolvency, Practice 16

[2010] BPIR 77
Clydesdale Financial Services Ltd and Others v Smailes and Others (No 2) [2009] EWHC 3190 (Ch)
ChD, David Richards J, 8 December 2009
- ADMINISTRATION - Pre-pack sale - Alleged unfair harm by administrators in conduct of the sale - Whether claimant a creditor with locus standi - Insolvency Act 1986, Sch B1, para 75
- INSOLVENCY - Transaction avoidance - Transaction defrauding creditors - Meaning of victim - Whether claimant need be a creditor - Insolvency Act 1986, s 423

[2010] BPIR 98
Courtman (Trustee in Bankruptcy) v Ludlam and Another [2009] EWHC 2067 (Ch)
ChD, Edward Bartley Jones QC sitting as a deputy High Court judge
6 August 2009
- BANKRUPTCY - Civil restraint order - Civil Procedure Rules 1998, Part 3

[2010] BPIR 116
Equilift Ltd (In Liquidation), Re [2009] EWHC 3104 (Ch)
ChD, His Honour Judge Purle QC sitting as a High Court judge, 27 November 2009
- CORPORATE INSOLVENCY - Possibility of protective trusts - Resolution of status of fund in cost effective manner
Liquidators - Practice when seeking directions

[2010] BPIR 122
Gresham International Ltd (In Liquidation) and Another v Moonie and Others [2009] EWHC 1093 (Ch)
ChD, Peter Smith J, 20 May 2009
- COMPULSORY LIQUIDATION - Bringing of proceedings - Sanction - Retrospective sanction - Insolvency Act 1986, ss 212, 238, 239 and 423 - Insolvency Rules 1986, r 4.184

[2010] BPIR 138
HSBC Bank Plc v Dyche and Another [2009] EWHC 2954 (Ch)
ChD, His Honour Judge Purle QC, 18 November 2009
- BANKRUPTCY - Mortgagee's claim for possession - Constructive trust - Overriding interest - Law of Property Act 1925, s 2

[2010] BPIR 149
The Mayor and Burgesses of The London Borough of Hounslow v The Estate of Anthony Ballard (Deceased)
ChD, Mr Registrar Simmonds, 19 December 2005
- BANKRUPTCY - Petition for an insolvency administration order - Deceased dying intestate with no known next of kin - Small estate - Whether service to be dispensed with - Administration of Insolvency Estates of Deceased Persons Order 1986, para 2(1)

[2010] BPIR 152
Parveen v Manchester City Council and Hellard
Manchester CC, District Judge Khan, 24 September 2007
- BANKRUPTCY - Annulment - Bankruptcy order made on petition for unpaid council tax liability orders - Whether bankruptcy order to be annulled on basis that it ought not to have been made - Debtor entitled to benefits - Reasonableness and proportionality of seeking bankruptcy order - Factors to consider - Insolvency Act 1986, s 282(1)(a)

[2010] BPIR 174
Perpetual Trustee Company Ltd and Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc
Butters, Kahn and Dargan (Joint Administrators of WW Realisation 8 Ltd and Woolworths Group Plc) v BBC Worldwide Ltd, 2 entertain Ltd and BBC Video Ltd [2009] EWCA Civ 1160
CA, The Master of the Rolls, Longmore and Patten LJJ, 6 November 2009
- INSOLVENCY - Anti-deprivation rule - When rule engaged - Meaning and effect of rule
- ASSETS - Change of prioritises in event of insolvency - Whether anti­deprivation rule engaged - Whether provisions breached the anti­deprivation rule
- ASSETS - Joint venture agreement and master licence agreement - Agreements terminable upon an insolvency event - Whether agreements remained in force - Whether anti-deprivation rule engaged - Whether termination provisions of the agreements breached the anti-deprivation rule

[2010] BPIR 228
Perpetual Trustee Company Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc [2009] EWHC 2953 (Ch)
ChD, Henderson J, 17 November 2009
- COMITY - Parallel proceedings in UK and New York - Risk of conflicting decisions - First decisions reached by UK High Court and upheld by Court of Appeal - Whether appropriate to send letter of request to New York court

[2010] BPIR 239
Phillips and Another v McGregor-Paterson [2009] EWHC 2385 (Ch)
ChD, Henderson J, 2 October 2009
- LIQUIDATION - Insolvency proceedings - Preference - Misfeasance - Summary judgment - Insolvency Act 1986, ss 127, 212, 214, and 239-241 - Companies Act 1985, s 727 - Insolvency Rules 1986, Part 7

[2010] BPIR 262
Rubin v Coote [2009] EWHC 2266 (Ch)
ChD, His Honour Judge David Cooke, 15 June 2009
- LIQUIDATORS - Compromise of claims - Whether court should sanction - Whether liquidator had made a reasonable assessment of situation.

[2010] BPIR 277
Zegna III Holdings Inc (In Administration), Re; BLV Realty [2009] EWHC 2994 (Ch)
ChD, Norris J, 20 November 2009- ADMINISTRATION - Administrator - Removal of administrator - Breach of duty - Unfair harm - Insolvency Act 1986, Sch B1, paras 74 and 88."
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