Insolvency in UK Law

  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 May 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 ......
  • Re Atlantic Computer Systems Plc
    • Court of Appeal (Civil Division)
    • 25 Jul 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. ......
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 Oct 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 ......
  • HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd
    • House of Lords
    • 09 Abr 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 ......
  • Fulham Football Club (1987) Ltd v Sir David Richards and another
    • Court of Appeal (Civil Division)
    • 21 Jul 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 ......
  • Hindcastle Ltd v Barbara Attenborough Associates Ltd
    • House of Lords
    • 22 Feb 1996
    ......The question is thus whether this dual effect is indeed the consequence of section 178(4) of the Insolvency Act 1986. In order to answer this question it helps to go back to the language of the Act of 1869. . . 18 Section 23 of the Act of 1869 ......
  • Re Nortel GmbH ((in Administration)) and related companies
    • Supreme Court
    • 24 Jul 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 ......
  • Erste Group Bank Ag, London Branch v JSC 'VMZ Red October' and Others
    • Court of Appeal (Civil Division)
    • 17 Abr 2015
    ......However, the payment was never made as, only 2 months later, D7 was put into insolvency proceedings on the application of D6. . . 8 On 31 July 2009 D1 failed to pay an instalment due under the Loan Agreement. Previously ......
  • Rodenstock GmbH (the "Scheme Company") and Another
    • Chancery Division
    • 06 May 2011
    ...... . . 2 Due to an apprehension that, if the Scheme is not sanctioned, the Company may be unable to avoid insolvency significantly beyond the end of April, both stages of the court proceedings relating to the Scheme have been undertaken with considerable urgency, ......
  • Re Magyar Telecom BV
    • Chancery Division
    • 03 Dic 2013
    ...... in the absence of some other restructuring, it is likely that the company and other companies in the group will be forced to enter formal insolvency proceedings. Such a step would be likely to result in a significant destruction of value in the group, and recoveries for holders of the Notes would ......
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT