Financial Disputes in UK Law

Leading Cases
  • Re Wools (LHF) Ltd
    • Court of Appeal (Civil Division)
    • 18 Abr 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 May 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.

  • FKI Engineering Ltd and Another v De Wind Holdings Ltd and Another
    • Court of Appeal (Civil Division)
    • 28 Feb 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 Dic 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.

  • 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 Dic 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.

  • Sykes & Son Ltd v Teamforce Labour Ltd
    • Chancery Division
    • 18 Abr 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
  • 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 ......
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... (including intellectual property) which is not an excluded financial services contract, and. . . (b) at least one of the parties has entered ... . . (e) about disputes relating to the payment of invoices, including any dispute resolution ......
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ......(a) mediation of disputes of the kinds to which relevant family applications relate,. (b) ways in ... to the former foster parent under subsection (3)(b) must include financial support. . . (5) Subsection (3)(b) does not apply if the local authority ......
  • 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 ......
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Books & Journal Articles
  • THE INSURANCE OMBUDSMAN BUREAU AND FINANCIAL SERVICES DISPUTES — AN OBITUARY?
    • Núm. 2-3, Marzo 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
    • Núm. 2-4, Abril 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
    • Núm. 72-5, Septiembre 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?
    • Núm. 10-2, Junio 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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