Paul David Masters and Another v William James Furber
| Jurisdiction | England & Wales |
| Judge | Judge Purle |
| Judgment Date | 30 August 2013 |
| Neutral Citation | [2013] EWHC 3023 (Ch) |
| Court | Chancery Division |
| Date | 30 August 2013 |
| Docket Number | Case No: 8441 of 2013 |
[2013] EWHC 3023 (Ch)
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
BIRMINGHAM DISTRICT REGISTRY
Civil Justice Centre
Priory Courts
33 Bull Street
Birmingham B4 6DS
His Honour Judge Purle QC
Case No: 8441 of 2013
Mr James Morgan instructed by Cameron Legal appeared on behalf of the APPLICANTS
THE RESPONDENT appeared in Person (assisted by Mr Hollis)
JUDGMENT (As Approved)
This is an application by the joint supervisors of an individual voluntary arrangement, Mr Masters and Mr Beighton, concerning William James Furber. Mr Furber is 75 years of age and has demonstrated himself to be a gentleman of great dignity and sincerity. Unfortunately, his attitude towards this application is wholly misconceived.
The terms of the voluntary arrangement were duly proposed by Mr Furber, he says under pressure, and approved by creditors with modifications. As Mr Morgan points out, that creates a statutory contract which the supervisors are to implement and supervise: see section 260 of the Insolvency Act 1986; Re Britannia Heat [2007] BCC 470.
In order to assist with the smooth functioning of the voluntary arrangement, a power of attorney was granted to the supervisors to enable them to deal with Mr Furber's assets. Under the terms of that power of attorney it was provided, amongst many other things, that Mr Furber undertook to "act promptly as my attorneys may direct with regard to any rights exercisable or anything received by me in my capacity as registered holder of any of the assets." Thus there is a direct contractual undertaking given by deed which the supervisors are entitled to enforce. That was dated 19th April 2013 and was executed by Mr Furber in the presence of a witness, a Maxine Barton, who I understand to be one of his employees.
Although the particular undertaking refers to his capacity as registered holder of any of the assets, it is clear from the schedule of assets which is embodied within the power of attorney that there are included old motorbikes and other vehicles of various ages in various states of repair. There is also a reference to "all other property of whatever nature and description." Thus the assets are not merely assets of the kind which would require registration. It seems to me that the reference to Mr Furber as registered holder must only relate to those assets where he is registered, but takes nothing away from the generality of the undertaking to act promptly with regards to any rights exercisable by him over his assets.
Within the IVA there are specifically included various vehicles which were valued for the purpose of the arrangement at £30,000. I infer that that valuation, though it is signed by Mr Furber, did not emanate from him because the vehicles have now been sold by agents instructed by the supervisors at an online...
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