Monthly Archives: September 2017

Global Corporate Limited v Dirk Hale [2017] EWHC 2277 (Ch): directors, salaries, payments, ultra vires dividends, transactions at an undervalue, preferences

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/2277.html The assignee (“GC”) of certain claims from a liquidator brought claims against a former director and shareholder (“DH”) of the company in liquidation. As is often the case in small companies, DH and his fellow … Continue reading

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Stevensdrake v Hunt [2017] EWCA Civ 1173: recoveries-only fees, implied terms and estoppel by convention

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1173.html A firm of solicitors (“SL”) appealed the judgment of HHJ Simon Barker QC who found that an insolvency practitioner (“SH”) was only liable for legal fees if recoveries were made from certain litigation that was … Continue reading

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Officeserve v Anthony-Mike [2017] EWHC 1920 (Ch): section 127 IA 1986 (post-presentation dispositions)

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/1920.html A winding-up petition was presented against a company (“the Company”). Subsequent to the date of presentation, the Company removed one of its directors (“D”). D and the Company entered into a settlement agreement. D gave … Continue reading

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SAW v Wilson [2017] EWCA Civ 1001: floating charges and the appointment of administrators

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1001.html The appellants were creditors (“Cs”) of a company (“the Company”) that went into administration, purportedly on the exercise of a power to that effect contained in a debenture in favour of Nationwide Building Society (“NBS” … Continue reading

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Birdi v Price [2017] EWHC 1859 (Ch): bankruptcy property, tools of the trade, strike out and civil restraint orders

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/1859.html Two discharged bankrupts, Mr Birdi (“B”) and Mr Senna (“S”) had brought various claims against various individuals, including their trustees in bankruptcy and employees of HMRC and the Insolvency Service. Their current and former trustees … Continue reading

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Evans v Carter [2017] EWHC 2163 (Ch): unjust enrichment, bankruptcy and the rule in ex parte James

Judgment on Lawtel at: https://www.lawtel.com/UK/Searches/4007/AC9101540 Mr and Mrs Carter (“Mr C” and “Mrs C”) owned a property subject to a charge by way of legal mortgage in favour of a bank. The bank initiated possession proceedings and succeeded in gaining … Continue reading

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