Insolvency Cases

Re Rococo Developments Ltd; Evans v Jones [2016] EWCA Civ 660; [2017] Ch 1

Date: 10 Aug, 2016
Whether a company's claim for repayment of an unlawful dividend should be included in the assessment of balance sheet solvency for the purposes of a preference claim.

Hosking v APAX Partners LLP & Others [2016] EWHC 1986 (Ch)

Date: 19 Jul, 2016
Whether there should be a case management stay of English insolvency proceedings pending determination of proceedings relating to the same subject matter in New York.

Andrew Philip Wood v (1) Jeremy John, Paul Priestley (2) John Russell [2016] EWHC 2986 (Ch)

Date: 15 Jul, 2016
The commercial purpose of a clause in a partnership agreement providing an indemnity to a salaried insolvency practitioner.

In re The Sherlock Holmes International Society Ltd; Aidiniantz v The Sherlock Holmes International Society Ltd & Others [2016] EWHC 1392 (Ch) [2016] 4 WLR 173

Date: 16 Jun, 2016
A claim for breach of warranty of authority brought against a company's firm of solicitors was not made out where the solicitors had ostensible authority to act for the company.

Hellas Telecommunications (Luxembourg) II SCA, Joint Liquidators of v Slaughter & May (firm) [2016] EWCA Civ 474; [2016] BPIR 119

Date: 25 May, 2016
Whether liquidators could assess bills of solicitors employed by administrators and whether administrators had the power to agree such bills after they had ceased to be in office.

Re Sherlock Holmes International Society Limited [2016] EWHC 1076 (Ch)

Date: 24 May, 2016
Dispute concerning the authority of the purported director of the company to bring an appeal against a winding up petition.

Baker & Davis v LSREF III Wight Limited [2016] BPIR 509

Date: 7 Apr, 2016
Successful application to set aside a statutory demand with the court holding that there was a bona fide dispute as to whether the Respondent owed the applicants a duty to act in good faith and disclose valuation evidence.

Re 375 Live Limited [2016] EWHC 444 (Ch); [2016] BPIR 1074

Date: 4 Apr, 2016
A registrar had been entitled to validate a contract for the purchase of property pursuant to the Insolvency Act 1986 s.127.

Walker v National Westminster Bank Plc [2016] EWHC 315 (Ch); [2016] BCC 355

Date: 25 Feb, 2016
Whether administrators had a proprietary interest in redress monies, which survived dissolution.

Stevensdrake Ltd v Hunt [2016] EWHC 342 (Ch); [2016] BPIR 773

Date: 22 Feb, 2016
Claim against liquidator personally for fees allegedly owed under a CFA where a misfeasance claim had been successful but there were no recoveries into the estate.