The court will expect the creditor to have sent out a Letter Before Claim to the debtor, which would set out the basis of their claim and allow a reasonable amount of time for the debtor to fully respond. For straight-forward cases, it is expected that a response should be received within a period of around 14 […]
Commercial Debt Recovery: Pre-Action Protocols and Conduct Read More »
Case comment: Wallace v Wallace [2019] EWHC 2503 (Ch) (25 September 2019) (Adam Johnson QC sitting as a Judge of the High Court) The above case provides further clarity on the jurisdictional reach of section 236 Insolvency Act 1986 (and the bankruptcy equivalent section 366 Insolvency Act 1986). Insolvency Act 1986 (“IA 1986”) and Insolvency (England &
Insolvency Act – Case Comment Read More »
On 15th July 2019 in CFL Finance Ltd v Bass and others [2019] EWHC 1839 (Ch), the High Court (Chief ICC Judge Briggs) published its decision following the final hearing of a bankruptcy petition. The court refused to adjourn the creditor’s bankruptcy petition where creditors were in dispute as to how to proceed with regard
Does a Tomlin Order constitute a regulated credit agreement? Read More »
In July 2019 the High Court held that it was an abuse of process for an individual to make a second application to annul his bankruptcy on substantially identical grounds to his first, failed, application. In the case of Lambert v Forest of Dean District Council and others [2019] EWHC 1763 (Ch) (8 July 2019) the first
Airbus SAS v Generali Italia SPA and others [2019] EWCA Civ 805 In its recent decision Airbus SAS v Generali Italia SPA and others, the Court of Appeal dismissed an appeal against a declaration that the English court had jurisdiction to determine a claim by insurers concerning damage to an aircraft pursuant to an English jurisdiction
So, a company owes you money and they haven’t responded to your requests for payment? You are well within your rights to send them a Statutory Demand formally stating that a debt must be paid. Be careful though, failure to include any security you hold in connection to the debt or stating an incorrect claim amount provides
What do I need to include in my Statutory Demand? Read More »
In this interesting employment case, the Employment Appeals Tribunal (EAT) found that related claims could continue despite a stay (or suspension) of court proceedings against the employer, being a company in administration. Basically paragraph 43(6), Schedule B1, Insolvency Act 1986 states that where a company is in administration, no legal proceedings can be brought or
Employment Law and Administration-an interesting mix Read More »
Calling all creditors! Whilst you might think the procedure for presenting a petition against a debtor is simple, it seems that the English Legal System is keeping you on your toes! The Risks of Presenting D.I.Y Petitions Recently we have had an influx of creditor client’s approaching us to assist them with the amending and
The Risks of Presenting D.I.Y Petitions Read More »
What will happen if somebody finds out that I have been running a company whilst disqualified? From time to time, my colleagues in our specialist director disqualification department will receive a new enquiry and the prospective client will ask: “What would happen to me if the Secretary of State found out that I was running a company
Can I act as a company director whilst disqualified? Read More »
Proprietary Estoppel – Can a promise made during your lifetime give rise to a claim against your estate? The Court of Appeal in the case of Habberfield v Habberfield ([2019] EWCA Civ 890) has sought to clarify the issue of proportionality in deciding the level of an award in proprietary estoppel claims. Claims for proprietary
Proprietary Estoppel – How reliable is a promise of a lifetime? Read More »
