from the Inner Temple Library
Halabi (a Bankrupt) v Camden London Borough Council and Another
Chancery Division
“The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.”
The Times, 25th March 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Halabi (A Bankrupt) v Camden London Borough Council and another; [2008] WLR (D) 46
“The court had no jurisdiction to annul a bankruptcy order on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy.”
WLR Daily, 15th February 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Law Society of England and Wales and Others v Shah and Others
Chancery Division
“Where a third party was not able to pursue a debt claim directly against a bankrupt due to the fact that the bankruptcy had been discharged, thereby extinguishing the claim, the third party could none the less pursue the claim against the bankrupt’s insurers once the third party had obtained a decision admitting the claim in bankruptcy.”
The Times, 20th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Collier v P & M J Wright (Holdings) Ltd
“Where a debtor offered to pay part only of the amount he owed and the evidence showed the creditor voluntarily accepted that offer, and relying on that acceptance the debtor paid that part of the amount he owed in full, the creditor would be bound to accept that sum in full and final satisfaction of the whole debt by virtue of the doctrine of promissory estoppel.”
WLR Daily, 17th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“An order made in matrimonial ancillary relief proceedings to convey property was not a transaction made without consideration, whether following a contested hearing or a compromise agreement.”
The Times, 12th December 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Law Society of England and Wales and others v Shah and others [2007] EWHC 2841 (Ch)
“It was possible for a third party, who had a ‘bankruptcy debt’, to claim payment from the debtor’s insurer under the Third Parties (Rights Against Insurers) Act 1930 after the debtor had been made bankrupt and discharged. In order to do so it was necessary to establish the liability of the debtor which could be achieved by a judicial determination of the third party’s right to prove the debt in the debtor’s bankruptcy.”
WLR Daily, 11th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hill and another v Haines [2007] EWCA Civ 1284
“A property adjustment order made in ancillary relief proceedings, whether following a contested hearing or a compromise agreement, was made for consideration and was not therefore a transaction at an undervalue under section 339 of the Insolvency Act 1986. Parliament could not have intended that an order transferring the former matrimonial home from one spouse to the other should be capable of automatic nullification at the suit of the trustee in bankruptcy of a spouse against whom a bankruptcy order had subsequently made on his or her own petition.”
WLR Daily, 6th December 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Court of Appeal rules that Wendy Haines does not have to give up her share of the matrimonial home proceeds to pay off ex-husband’s creditors.”
The Times, 5th December 2007
Source: www.timesonline.co.uk
“A woman who faces being stripped of her divorce settlement to pay for her former husband’s debts was at the centre of a test case yesterday with far-reaching implications for ‘clean break’ divorces.”
The Times, 14th November 2007
Source: www.timesonline.co.uk
Trustee gets former wife’s home
Court of Appeal
“Equity jurisdiction enabled a trustee in bankruptcy to enforce a trust for sale of a matrimonial home held jointly by the bankrupt and his former wife under a property adjustment order made more than twenty years ago.”
The Times, 22nd August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A divorced woman faces being forced from her home of more than 20 years after a Court of Appeal ruling confirming that deals struck by former wives when they split with their husbands are not safe from creditors.”
The Times, 20th July 2007
Source: www.timesonline.co.uk
“A key player in the Barlow Clowes affair – one of Britain’s most notorious frauds – will be able to keep nearly £10 million after the High Court ruled that creditors could not pursue him in Mauritius, where he is now based.”
The Times, 3rd July 2007
Source: www.timesonline.co.uk
Shierson and another v. Rastogi [2007] EWHC 1266 (Ch.)
The principle that judicial findings made in a previous case were not admissible in later proceedings as evidence of facts found only applied where a party in the second proceedings had not had opportunity, by himself or his privy, to challenge evidence adduced in the first hearing.
WLR Daily, 25th May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Family home is at risk from trustee after court transfer
Chancery Division
“Where an interest in property was transferred under a property adjustment order in matrimonial proceedings by a spouse who was later made bankrupt, the transfer could constitute a transaction at an undervalue and be set aside on application by the trustees in bankruptcy.”
The Times, 14th May 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Former wives risk losing their financial settlements if their ex-husbands are made bankrupt within five years of a divorce, the High Court has ruled.”
Daily Telegraph, 11th May 2007
Source: www.telegraph.co.uk
Hill and another v. Haines [2007] EWHC 1012 (Ch)
“Since an applicant for ancillary relief under ss 23 to 25 of the Matrimonial Causes Act 1973 did not give consideration in “money or money’s worth” within the meaning of s 339(3)(c) of the Insolvency Act 1986 for relief obtained, any transfer of property made by a bankrupt ex-spouse pursuant to either a court order made in the ancillary proceedings, or a settlement agreement, was a transaction at an undervalue and would be set aside on application by the trustees in bankruptcy.”
WLR Daily, 3rd May 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Thousands of divorcees risk seeing their assets plundered to meet their former spouses’ debts after a landmark ruling that they are no longer protected from his or her creditors when they split.”
The Times, 10th May 2007
Source: www.timesonline.co.uk
