Insolvency in UK Law

  • Raja v Rubin and Another
    • Court of Appeal (Civil Division)
    • 19 Marzo 1999
    ... ... 2 The primary issue raised by this appeal is whether an Individual Voluntary Arrangement ("IVA") made under the Insolvency Act 1986 ("the Act") may in the absence of an express term for its variation be varied by agreement between the debtor and the creditors entitled to ... ...
  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 Mayo 2006
    ... ... So the mechanism operates by divesting the bankrupt of his property. In corporate insolvency, on the other hand, the insolvent company continues to be owner of its property but holds it in trust for the creditors in accordance with the ... ...
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 Octubre 2012
    ... ... These appeals raise an important and novel issue in international insolvency law. The issue is whether, and if so, in what circumstances, an order or judgment of a foreign court (on these appeals the United States Bankruptcy ... ...
  • Mr. T. Gaardsoe v Optimal Wealth Management
    • Chancery Division
    • 28 Febrero 2012
    ... ... 1 I have before me two applications made by the claimant under the Insolvency Act 1986 ("the 1986 Act"). Both applications are for leave to pursue existing proceedings against the defendant, the claimant's objective being to ... ...
  • Re Atlantic Computer Systems Plc
    • Court of Appeal (Civil Division)
    • 25 Julio 1990
    ... ... 1 This is the judgment of the court in a case which raises some important points concerning administrations under Part 2 of the Insolvency Act 1986. We shall need to add more detail at a later stage, but for the moment we can use a broad brush when setting out the essential facts ... ...
  • HSBC Bank Plc v Tambrook Jersey Ltd
    • Court of Appeal (Civil Division)
    • 22 Mayo 2013
    ... ... Case No: A3/2013/1036 ... In the Matter of Tambrook Jersey Limited and in the Matter of the Insolvency Act 1986 HSBC Bank Plc Appellant and Tambrook Jersey Limited Respondent ... Miss Felicity Toube ... ...
  • Fulham Football Club (1987) Ltd v Sir David Richards and another
    • Court of Appeal (Civil Division)
    • 21 Julio 2011
    ... ... for the reasons I have mentioned and an order for the winding-up of the FAPL on just and equitable grounds under s.122(1)(g) of the Insolvency Act 1986 ("the IA 1986") is similarly unrealistic as well as being highly undesirable in the interests of the member clubs whose fortunes depend ... ...
  • HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd
    • House of Lords
    • 09 Abril 2008
    ... ... The alternative is a separate liquidation and distribution of the English assets in accordance with the Insolvency Act 1986 ... 2 The English and Australian laws of corporate insolvency have a common origin and their basic principles are much the same ... ...
  • Re Nortel GmbH ((in Administration)) and related companies
    • Supreme Court
    • 24 Julio 2013
    ... ... arising out of the interrelationship of the statutory schemes relating to the protection of employees' pensions and to corporate insolvency ... 2 The background to the two appeals is, in very summary terms, as follows: ... i. Many UK registered members ... ...
  • Smith (a bankrupt) v Ian Simpson & Company (A Firm) and another
    • Court of Appeal (Civil Division)
    • 12 Abril 2000
    ... ... 2 The appeal raises a question as to the meaning and effect of section 271(1) of the Insolvency Act 1986 ("the Act"), in circumstances where the debtor has, since the presentation of the petition, tendered the full amount of the petition debt ... ...
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