Friday, 3 September 2010

Latest from the BPIRs as news comes in that more families are suffering liquidity problems

As the Daily Mail (I found it on a train) reports that more families are suffering liquidity problems, the editors of the BPIRs have served up another choice selection of interesting cases. Here are the summaries:

"[2010] BPIR 815
Feldman v Nissim [2010] EWHC 1353 (Ch)
ChD, Richard Snowden QC sitting as a deputy High Court judge, 10 June 2010
- STATUTORY DEMAND - Application to set aside statutory demand - Test to be applied - Test to be applied on appeal against refusal to set side statutory demand
- DEBTS - Spread betting - Creditor placing spread bets on behalf of debtor - Whether debtor liable to indemnify creditor for spread bets - Whether debt disputed on substantial grounds
- DEBTS - Spread betting - Creditor placing spread bets on behalf of debtor - Whether creditor owed debtor duty of care to debtor - Whether debtor having counterclaim, set-off or cross-demand

[2010] BPIR 839
Kaupthing Singer and Friedlander Ltd (In Administration), Re [2010] EWCA Civ 518
CA, Mummery, Hughes and Etherton LJJ, 11 May 2010
- ADMINISTRATION - Set-off - Whether balance of future debt owed to company after set-off exercised should be discounted

[2010] BPIR 853
Kernott v Jones [2010] EWCA Civ 578
CA, Wall, Jacob and Rimer LJJ, 26 May 2010
- PROPERTY - Joint ownership - Unmarried couple - Cohabitation - Declaration that property held as beneficial joint tenants on acquisition - Separation - No other express agreement as to beneficial interests in the property - Whether beneficial interests changed post-separation - Trusts of Land and Appointment of Trustees Act 1996

[2010] BPIR 886
Lewis (Trustee in Bankruptcy of Kennedy) v Kennedy
ChD, Mr Registrar Jaques, 27 April 2010
- BANKRUPTCY - Annulment - Statutory interest - Whether payable

[2010] BPIR 893
London Borough of Redbridge v Mustafa [2010] EWHC 1105 (Ch)
ChD, Sir Andrew Morritt Chancellor of the High Court, 19 March 2010
- BANKRUPTCY - Annulment - Council tax - Costs - Insolvency Act 1986, s 282

[2010] BPIR 911
Lonergan v Gedling Borough Council [2009] EWCA Civ 745 [2009] EWCA Civ 696 [2009] EWCA Civ 1569
CA, Mummery LJ Sir Andrew Morritt (Chancellor), Keene and Elias LJJ Arden, Pill and Smith LJJ, 27 March 2009 9 June 2009 9 December 2009
- BANKRUPTCY - Annulment - Whether bankruptcy order should have been made
- UNPAID COUNCIL TAX - Use of bankruptcy as a collection tool - Whether lawful
- BANKRUPTCY PROCEEDINGS - Whether appropriate if used by local authority in respect of a council tax debtor experiencing mental difficulties - Whether consistent with fundamental rights under European Convention for the Protection of Human Rights and Fundamental Freedoms 1950
- SECOND APPEALS - Criteria that must be satisfied before permission to appeal is granted - Civil Procedure Rules 1998, r 52.13
- SOLICITOR WITHOUT RIGHTS OF AUDIENCE IN HIGHER COURT - Whether solicitor should be permitted to represent appellant on application for permission to appeal

[2010] BPIR 928
Official Receiver for Northern Ireland v Stranaghan [2010] NICh 8
ChD, Hart J, 20 May 2010
- BANKRUPTCY - Transaction at undervalue - Grant of security - Whether consideration provided - Past consideration - Whether any evidence of forbearance on the part of the mortgagee

[2010] BPIR 933
R (Singh (A Bankrupt)) v Her Majesty's Revenue and Customs and Another [2010] UKUT 174 (TCC)
UT (TCC), Warren J (President), 19 May 2010
- JUDICIAL REVIEW - Standing of bankrupt to bring judicial review proceedings - Equitable liability - Insolvency Act 1986, ss 303 and 333

[2010] BPIR 945
Raguz v Scottish & Newcastle Ltd [2010] EWHC 1384 (Ch)
ChD, Proudman J, 10 June 2010
- BANKRUPTCY - Hearing of petition - Whether to adjourn hearing of petition if there was a reasonable prospect of the petition debt being paid in full within a reasonable period - District judge's refusal to adjourn petition - Appeal against district judge's decision - Principles to be applied as regards decision whether to adjourn - Principles to be applied on appeal - Insolvency Act 1986, ss 271, 375(2)
- BANKRUPTCY - Bankruptcy order - Application to review making of bankruptcy order - Principles to be applied - Insolvency Act 1986, s 375(1)
- APPEAL - Fresh evidence - Whether fresh evidence to be allowed - CPR Part 52 - Insolvency Rules 1986, r 7.49

[2010] BPIR 960
Soutzos v (1) Asombang (2) Dawkins (3) Fox [2010] EWHC 842 (Ch)
ChD, Newey J, 23 April 2010
- BANKRUPTCY - Loans between individuals - Bankruptcy of borrower - Whether loans procured by fraudulent misrepresentation - Whether borrower's liability to repay loans survived discharge - Insolvency Act 1986, s 281(1), (3)
- BANKRUPTCY - Loans between individuals - Whether procuring loans from lender and use of proceeds amounted to unlawful means conspiracy
- BANKRUPTCY - Loans between individuals - Whether loans impressed with a Quistclose trust - Whether dishonest assistance and knowing receipt in breach of trust
- SHAM - Whether declarations of trust shams
- TRANSACTIONS DEFRAUDING CREDITORS - Whether declarations of trust and transfers amounted to transactions defrauding creditors - Whether claimant a victim - Nature of purpose - Whether relief to be granted - Insolvency Act 1986, s 423

[2010] BPIR 1003
Unite the Union and Another v Nortel Networks UK Ltd (In Administration) [2010] EWHC 826 (Ch)
ChD, Norris J, 26 March 2010
- ADMINISTRATION - Employee claims - Effect of moratorium - Whether employee claims were exceptional so as to justify lifting moratorium and allowing proceedings to continue
- ADMINISTRATION - Status of employee claims - Whether provable - Whether contingent debts

[2010] BPIR 1016
Vaidya v Wijayawardhana [2010] EWHC 716 (Ch)
ChD, Sarah Asplin QC sitting as a deputy High Court judge, 31 March 2010
- BANKRUPTCY - Annulment - Statutory demand - Application to set aside statutory demand - Cross claim - Reasons required for decision on application to set aside statutory demand even if dismissed on paper - EUROPEAN CONVENTION FOR THE PROTECTION Of Human Rights and Fundamental Freedoms 1950, Art 6(1) - Insolvency Rules 1986, r 6.5

[2010] BPIR 1041
Wallace LLP v Yates [2010] EWHC 1098 (Ch)
ChD, Morgan J, 2 March 2010
- STATUTORY DEMAND - Setting aside statutory demand - Solicitors' costs - Liquidated sum - Insolvency Act 1986, s 268."

Picture Credit: http://www.planetware.com/i/photo/royal-courts-of-justice-london-lncrtjs3.jpg

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