DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT – AND THEN HAVE TO PAY THE TRUSTEE’S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
This is an unusual case. The appellant here had been made bankrupt, ostensibly on her own petition. She knew nothing about it. Despite this the court would not annul the bankruptcy until provision was made for payment of the Trustee’s…
A MYRIAD OF PROCEDURAL ISSUES A BANKRUPT CLAIMANT; AN APPLICATION TO RESILE FROM AN ADMISSION AND AN ATTEMPT TO STRIKE OUT A COUNTERCLAIM FOR “WAREHOUSING”
This is a case that bristles with procedural issues. Firstly as to what happens when a claimant, involved in a partnership with others, goes bankrupt. Secondly whether that litigant could withdraw an admission that he had not status. Thirdly whether…
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…
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…
TWELVE KEY POINTS FOR PERSONAL INJURY LAWYERS ABOUT BANKRUPTCY AND INSOLVENCY (AND A PLUG FOR A WEBINAR)
I still see, on a fairly regular basis, problems caused in personal injury cases where a claimant is bankrupt and has failed to tell their lawyers. Equally often there are cases where it is clear that a claimant is, or…
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…
BANKRUPTCY AND THE PERSONAL INJURY LITIGANT: A REMINDER OF THE KEY POINTS
Bankruptcies were rising prior to the Coronavirus pandemic. There are concerns that COVID may have made matters worse. This can have a knock on effect on personal injury litigants bringing a claim. Here is a reminder of 10 steps that…
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,…
YOU CAN’T MAKE SOMEONE BANKRUPT IF THEY’VE GOT NOTHING: AN INTERESTING APPEAL
In Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) HHJ Hodge QC (sitting as a High Court judge) allowed an appeal against the granting of a bankruptcy petition. Essentially the petition should have not have been granted because the…
TWO PROCEDURAL POINTS: A SECOND ACTION IS NOT ALWAYS AN ABUSE OF PROCESS & A BANKRUPT CANNOT BRING PROCEEDINGS
The judgment of Master Bowles in Khan -v- Khan & Ambala Foods Limited [2015] EWHC 2625 (Ch) contains a reminder of two important procedural points. KEY POINTS (1) The issue of a second set of proceedings is potentially an abuse…
ADJOURNMENTS AND DISCRETION: DECISION NOT TO ADJOURN BANKRUPTCY PETITION UPHELD BY THE COURT OF APPEAL
In Edginton -v- Sekhon [2015] EWCA Civ 816 the Court of Appeal refused to overturn the judge’s decision not to adjourn a bankruptcy petition. “Delay is inimical to all forms of litigation and especially so in a collective enforcement process…
BANKRUPTCY OF CLAIMANT DID NOT RENDER ACTION INVALID OR AN ABUSE OF PROCESS
In Eaton -v- Mitchells & Butler PLC (30th April 2015) (reported today on Bailli) His Honour Judge Keyser QC had to consider the effect of bankruptcy upon the validity of a claim. “It is remarkable that the case had proceeded…
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