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.

  • David Raymond Brierley v Frank Otuo
    • Chancery Division
    • 03 Marzo 2021

    If the reference had simply been to the application of the £250,000 to discharge the first defendant's debts (without mentioning the second defendant), since some of those debts were joined and severable it might have been argued that some of that figure incidentally reduced the debt of the second defendant, which was not what was provided for in the 2 August 2019 order and was not what the claimant intended.

    The plain and obvious meaning of that clause is that the sum of £250,000 will first reduce or discharge the first defendant's debt; and only if that debt is discharged (i.e. extinguished) will the sum be applied to the second defendant's debt. There is no basis whatsoever on which that clause can be read as permitting the second defendant's debt to be reduced – still less, completely extinguished – while the first defendant remains indebted to the claimant.

  • 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.

  • Re Micklethwait
    • Chancery Division
    • 22 Mayo 2002

    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.

  • 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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  • 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 ... ...
  • Care Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... care and support that is available,(d) how to access independent financial advice on matters relevant to the meeting of needs for care and support, ... needs should be met;(b) to make arrangements for determining disputes between the authority and F16an integrated care board or F14NHS England ... ...
  • Children and Families Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... of enabling information to be provided about—(a) mediation of disputes of the kinds to which relevant family applications relate,(b) ways in ... the former foster parent under subsection (3) (b) must include financial support.(5) Subsection (3) (b) does not apply if the local authority ... ...
  • 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 ... ...
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Books & Journal Articles
    • No. 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...
    • No. 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...
  • The United Kingdom's Immunity from Seizure Legislation
    • No. 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?
    • No. 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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  • 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: ... ... 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: ... ... 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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