BANKRUPTCY PETITION DISMISSED: THE PRECISE SUMS DUE (IF ANY) COULD, AND SHOULD, BE DETERMINED IN THE COUNTY COURT
One way to enforce a debt higher than £5,000 is to issue a bankruptcy petition. However problems for the would be petitioner can occur if the debt is disputed. We see such a case here. The judge held that there…
WHEN A PARTY IS BANKRUPT: WEBINAR ON THE 16th SEPTEMBER 2024: AN IMPORTANT TOPIC THAT MAY HELP FLOAT YOUR BOAT
In The Mayor And Burgesses of the London Borough of Richmond v Trotman [2024] EWHC 2145 (KB) Mr Justice Kerr was critical of the claimant’s failure to consider the consequences of the defendant being bankrupt. Insolvency issues in litigation…
POSTMASTERS’ RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY
Normally when this blog looks at issues relating to insolvency it relates to procedural or other practical problems arising when a party is made insolvent. The judgment of HHJ Cawson KC in Secretary of State for Business and Trade v…
GOING BANKRUPT DID NOT RELEASE BANKRUPT FROM A JUDGMENT DEBT: JUDGE GIVES PERMISSION FOR ENFORCEMENT PROCEEDINGS TO CONTINUE DESPITE A SUBSTANTIAL DELAY
In Jones & Pyle Developments Ltd v Rymell [2021] EWHC 385 (Ch) HHJ Paul Matthews found that a judgment debt was not released by bankruptcy. He also allowed enforcement proceedings to continue, despite a substantial delay. THE CASE The claimant…
INSOLVENCY AND THE PERSONAL INJURY LAWYER: WEBINAR 29th JANUARY 2021
There have been several features on this blog about the problems that insolvency causes to personal injury litigants. Both in terms of the claimant being bankrupt and also the difficulties in pursuing insolvent defendants. These issues are looked at in…
PROCEEDINGS BROUGHT BY BANKRUPT WERE “DOOMED TO FAIL”: AN IMPORTANT REMINDER
Part of the judgment of Mr Justice Griffiths in Lambert v Forest of Dean District Council [2020] EWHC 2854 (Admin) provides an important reminder that someone who has been declared bankrupt may have no standing at all to bring subsequent…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION 6: MAKE SURE YOUR CLIENT IS NOT BANKRUPT (& KNOW WHAT TO DO IF THEY ARE)
Many litigants don’t tell their lawyers that they are bankrupt. Some firms ask as a matter of course, many do not. Some litigators do not appreciate the impact of personal bankruptcy on a litigant. A CASE TO POINT: A TRIAL,…
RESTORING A COMPANY TO THE REGISTER, LIMITATION AND PROVING A CAUSAL LINK: COURT OF APPEAL JUDGMENT TODAY
Litigators are sometimes called upon the restore limited companies to the register and make a limitation direction. The decision of the Court of Appeal today in Pickering -v- Davy [2016] EWCA Civ 30 gives rise to additional problems. It emphasises…
THE THIRD PARTIES (RIGHTS AGAINST INSURERS) ACT 2010 1: 5 INITIAL POINTS
The Third Party (Rights Against Insurers) Act 2010 is shortly to come into force. Here are 5 key points. Here we look at the implementation date, legislative history and basic definitions of the Act. A BRIEF OVERVIEW The Act allows…
EXTENDING TIME FOR SERVICE OF A CLAIM FORM: PROSECCO MAY HELP
There have been numerous cases relating to extension of the claim form on this blog. I can’t remember one which ended well for the claimant. However the claimant was successful in the Instone -v- Prosecco (Leeds) LImited [2016] EW Misc…
PROVING THINGS 7: IF YOU DON'T PROVE A LOSS YOU DON'T GET AN ORDER: DIRECTORS DON'T HAVE TO CONTRIBUTE
This occasional series on the need to prove matters by evidence has covered a wide range of cases. Today we consider company law and insolvency. In Grant -v-Ralls [2016] EWHC 243 (Ch) Mr Justice Snowden rejected a claim by liquidators…
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