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. If the company is trading — or even If it is not trading, if It has assets — these are things which may melt away while the matter is delayed, and the petitioning creditor is not to be put off and see the only security for his debt vanish into thin air, either In litigation, good, bad or indifferent, or in some other way.

  • 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.

  • 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. As a general proposition, I would accept this, although Mr Samek referred us to a recent decision of the ECJ in Reisch Montage AG v Kiesel Baumaschinen Handels GMbH ( Case C-103/05), which casts some doubt upon this proposition.

  • 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.

  • 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.

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

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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 ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3(1) which accompanies such an ... Relevant disputes: applications for consent orders in respect of financial remedies ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive ... requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, ... ...
  • Care Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... how to access independent financial advice on matters relevant to the meeting of needs for care and support, ... to make arrangements for determining disputes between the authority and ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Commercial Court forms including claims and application notices.
    ... ... Commercial Court claims: disputes relating to: ...  arbitration applications and appeals ... ...  professional negligence claims ...  provision of financial services ...  sale of goods ...  shipping - charter party ... ...
  • Form A1
    • HM Courts & Tribunals Service 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.
    ...Print form ... Notice of [intention to ... proceed with] a financial ... application to which the ... fast-track procedure applies ... To be ... options for resolving disputes: ... www.sortingoutseparation.org.uk ... 31. For help with taking a case ... ...
  • Form A
    • HM Courts & Tribunals Service 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.
    ...Notice of [intention to proceed ... with] a financial application to ... which the standard procedure ... To be completed by the ... options for resolving disputes: ... www.sortingoutseparation.org.uk ... 23. Family Mediation is an ... ...
  • Family mediation information and assessment meeting form
    • HM Courts & Tribunals Service 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 ... The applicant confirms ... range of family disputes, whether they arise from ... divorce or the separation of cohabiting ... ...
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