Financial Disputes in UK Law

Leading Cases
  • Re Wools (LHF) Ltd
    • Court of Appeal (Civil Division)
    • 18 Abril 1969

    I am far from saying that in the ordinary case that is not a most weighty consideration. But here this is a company which it has never been suggested on either side has any assets at all except this one claim. Therefore I do not think that delay is a matter which I should have given much weight to here.

  • Re Micklethwait
    • Chancery Division
    • 22 Mayo 2002

    Conversely, where there is a valid debt and the correct formalities have been complied with, generally that will lead to the making of an order. A petition in those circumstances will generally only be adjourned for a short time, if there is a reasonable prospect of the debtor in effect coming to terms with the petitioner, by paying the debt and thus removing the petition—see Re: Gilmartin [1989], 1 WLR 513.

    Earlier cases as to when petitions have been adjourned or dismissed under such a discretionary power are of no re-assistance, except in drawing to my attention the fact that I have a discretionary power. It is the facts of each case, which indicate how, if at all, the discretion should be exercised.

  • Thornhill (David) (Trustee in Bankruptcy of Clive William Atherton) v (1) Atherton (Clive William) (2) Atherton (Linda Margaret) (3) Myerson (Geoffrey)
    • Court of Appeal (Civil Division)
    • 20 Diciembre 2004

    It seems to me that the gap in that argument is that it deals fairly with the position as between Mr Atherton, Mrs Atherton and maybe also the petitioning creditor, but it is entirely irrelevant to the position of the trustee in bankruptcy whose costs have been properly incurred, subject of course to being quantified in the appropriate amount, and is entitled, as in Mellor v Mellor, to have security for the discharge of his costs.

  • FKI Engineering Ltd and Another v De Wind Holdings Ltd and Another
    • Court of Appeal (Civil Division)
    • 28 Febrero 2008

    First he says that a claim for the purposes of Article 6(1) must be one which can properly be brought in the domestic court. The claim against the bankrupt was time-barred but the ECJ held that nevertheless the claim against the guarantor could proceed under Article 6 (1) which was not affected by a procedural bar contained in a national provision.

  • HM Revenue and Customs v Cassells
    • Chancery Division
    • 04 Diciembre 2008

    Even if he had been minded to rescind the bankruptcy order he should have considered how to protect the interests of the other members of the same class of unsecured creditor whether by a conditional order, the condition being that they should be paid in full or, as in Fitch v. Official Receiver, restoration of the original petition so that one of them, if remaining unpaid, might obtain an order for substitution and pursue the petition for a further bankruptcy order.

  • Sykes & Son Ltd v Teamforce Labour Ltd
    • Chancery Division
    • 18 Abril 2012

    There is no doubt that the general rule in CPR 44.3, that the losing party should pay the costs of the successful party in litigation applies with added force in the context of winding up petitions.

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Legislation
  • Energy Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... S-15 . Payments and financial assistance 15 Payments and financial assistance . (1) The Secretary of ... . (2) Chapter 2 makes provision for the OGA to consider disputes and make recommendations for resolving them. . (3) Chapter 3 makes ......
  • Finance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... S-5 . Main rate of corporation tax for financial year 2020 5 Main rate of corporation tax for financial year 2020 . . ...Import duty Import duty . S-97 . International trade disputes 97 International trade disputes . . In section 15(1)(b) of TCTA 2018 ......
  • Employment Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... provision about the procedure for the resolution of employment disputes; to provide for compensation for financial loss in cases of unlawful ......
  • Revenue Scotland and Tax Powers Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . . (c) efficiently resolving disputes relating to the devolved taxes (including by mediation),. . . (d) ... (1) As soon as possible after the end of each financial year, Revenue Scotland must-. . . (a) prepare and publish a report on ......
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Books & Journal Articles
  • THE INSURANCE OMBUDSMAN BUREAU AND FINANCIAL SERVICES DISPUTES — AN OBITUARY?
    • Nbr. 2-3, March 1994
    • Journal of Financial Regulation and Compliance
    • 220-226
    This paper examines what the financial services industry expects from the Insurance Ombudsman Bureau. It measures the IOB's success in meeting these expectations against the yardsticks of public co...
  • CITY DISPUTES PANEL: SPECIALIST ARBITRATION FOR THE FINANCIAL SERVICES INDUSTRY
    • Nbr. 2-4, April 1994
    • Journal of Financial Regulation and Compliance
    • 331-339
    This paper, based on an interview with Richard Freeman, describes the creation and development of the City Disputes Panel (CDP). It is the initiative of Richard Freeman, a solicitor and former merc...
  • The United Kingdom's Immunity from Seizure Legislation
    • Nbr. 72-5, September 2009
    • The Modern Law Review
    The UK's Department for Culture Media and Sport (DCMS) has introduced legislation to provide immunity from seizure for cultural objects on temporary loan from other countries to approved museums an...
    ...... they might be se ized by creditors seeking to settle ¢nancial disputes or by claimants contesting ownership of the works.This article examines ......
  • From Co-Operative to Coercive Federalism and Back?
    • Nbr. 10-2, June 1979
    • Federal Law Review
    In this article Ross Cranston discusses the changing nature of Federalism, tracing its development and examining possible characterizations of its basis. After reviewing the elements of “co-operati...
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Law Firm Commentaries
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Forms
  • ADMIRALTY, COMMERCIAL AND MERCANTILE COURT LISTING FORM
    • Court and tribunal forms
    Commercial Court forms including claims and application notices.
    ...... . .  . . . Commercial Court claims: disputes relating to:. . .  . . .  arbitration applications ... . .  provision of financial services . . .  sale of goods. . .  shipping - ......
  • Notice of [intention to proceed with] an application for a financial remedy (other than a financial order) in the county or High Court
    • Court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ......the following issues:. •. •. •. •. 30. For general advice on separation services and. options for resolving disputes:. www.sortingoutseparation.org.uk. 31. For help with taking a case to court without a lawyer,. the Personal Support Unit: www.thepsu.org/. Financial ......
  • Notice of [intention to proceed with] an application for a financial order
    • Court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ......court and much less stressful for all the family. 30. For general advice on separation services and. options for resolving disputes:. www.sortingoutseparation.org.uk. 23. Family Mediation is an impartial process that involves. an independent third person who assists both parties. ......
  • Family mediation information and assessment meeting form
    • Court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ......form of abuse which relates to financial matters. Section 2b – Child protection. concerns. The applicant confirms ...range of family disputes, whether they arise from. divorce or the separation of cohabiting parents. ......
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