Caseplayers A Fascinating Case Linking Insolvency, Company and Property Laws The court has wide powers to prevent creditors being defrauded: transactions at an undervalue can be challenged under section 423 Insolvency Act 1986 even if the debtor is not a party to a transaction or does not have a beneficial interest in the relevant assets. Debtors … Read more
This case has implications in matters where the parties attempt to avoid liability for business rates by using corporate vehicles. The main question posed in this case was whether certain development companies bore any liability to pay non-domestic rates to the council on empty properties that had been leased by those development companies to special … Read more
A case examining whether certain elements of a restructuring plan under Pt 26A Companies Act 2006 were justified and fair. The Court of Appeal tackles in detail some critical principles which restructuring plans under Pt 26A Companies Act 2006 are built upon. It centres upon whether one plan fairly treated all creditors, and whether it … Read more
In a case where there is a dissatisfied bankrupt, the Supreme Court has limited the circumstances in which such a person will have standing to challenge a Trustee in Bankruptcy’s decisions and actions under s.303(1) Insolvency Act 1986 to those in which there is, or is likely to be, a surplus in the bankruptcy estate … Read more
Where the court finds that a bankruptcy order should not have been made, an order of annulment is not inevitable This case was a second appeal, in which the Court of Appeal upheld the decisions of two lower courts. In exercising its discretion, it concluded that as a result of the bankrupt’s conduct and his … Read more
In this case the High Court refused an application for an administration order and instead appointed a provisional liquidator. There was no substantive evidence that one of the statutory purposes of administration could be achieved. This case made it clear that where it is merely asserted that one of the statutory purposes of administration is … Read more
