Cases

Armstrong v Onyearu [2017] EWCA Civ 268; [2017] 3 WLR 1304

Date: 7 Jun, 2018
The Court of Appeal considered the application of the equity of exoneration where a non-bankrupt spouse received an indirect benefit from a business loan taken out by her husband and secured on their jointly owned home

Ventra Investments Ltd (in creditors voluntary liquidation) v Bank of Scotland plc [2017] EWHC 199 (Comm); [2017] All ER (D) 33 (Mar)

Date: 6 Jun, 2018
Application to strike out a number of paragraphs from particulars of claim in proceedings brought by a company in liquidation.

Stevensdrake Ltd v Hunt [2017] EWCA Civ 1173; [2017] BCC 611

Date: 6 Jun, 2018
Solicitors acting under a CFA were estopped by convention from claiming payment from the liquidator personally where a misfeasance claim had been successful but there were no recoveries into the estate.

Wood v Lowe [2016] EWHC 1010 (Ch) & [2016] EWHC 2052 (Ch)

Date: 21 Nov, 2016
Application for possession and sale of two properties, of which the bankrupt's daughter claimed to be the sole beneficial owner.

Premier v PwC & Lloyds [2016] EWHC 2610 (Ch)

Date: 26 Oct, 2016
In a decision handed down on 24 October 2016, the High Court confirmed that ATE insurance can be sufficient to successfully resist an application for security for costs, even in circumstances where a claimant company is insolvent.

Wall v Royal Bank of Scotland Plc [2016] EWHC 2460 (Comm); [2017] 4 WLR 1

Date: 7 Oct, 2016
Whether the court had power to direct a claimant to disclose the existence / identity of any litigation funder.

Golstein v Bishop [2016] EWHC 2187 (Ch) & [2016] EWHC 2804 (Ch)

Date: 6 Sep, 2016
Appeal by a creditor against a District Judge's dismissal of a challenge (based on material irregularity) to the validity of a creditor's approval of IVA proposals.

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.