28/11/24
PAGDEN v RIDGLEY [2024] EWHC 3047 (Ch)
Rule 18.34 of the Insolvency (England and Wales) Rules 2016, which allows for applications to challenge the expenses or renumeration of office-holders in an administration, winding-up or bankruptcy, does not give the court power to review or determine the costs and remuneration of an administrator where they have been expressly agreed with the holder of fixed charge security in respect of realisation costs of that security, payable from the proceeds of its sale.
28/11/24
BANGS v FM CONWAY LTD [2024] EWCA Civ 1461
The merits of the underlying claim are irrelevant when the court has to make a case management decision such as whether to grant relief from sanction. There is an exception if a party wishes to contend that its case is so strong that it would be able to obtain summary judgment. Even then, the merits should only be taken into account when this can be readily demonstrated, without detailed investigation. A party who wishes to contend that the merits of its case satisfy the summary judgment test must give clear notice of that contention sufficiently in advance of the hearing to enable the other party to decide what evidence it wishes to deploy. The other party will not be expected to deploy evidence to the extent that it would at trial. All the other party has to do is to show that there are sufficient matters in dispute that summary judgment is likely to be inappropriate.
25/11/14
IN THE MATTER OF A COMPANY (CR-2024-BHM-000012) [2024] EWCA Civ 1436
On its proper interpretation, r.7.7 of the Insolvency (England and Wales) Rules 2016 makes presentation of a petition dependent upon payment of the deposit being made. On the facts the petition was only presented when the cheque for the Official Receiver's deposit was received.
15/11/24
MANOLETE PARTNERS PLC v WHITE [2024] EWCA Civ 1418
Pensions Act 1995, s.91 prevents the court granting a judgment creditor a mandatory injunction requiring a person entitled under an occupational pension scheme to draw drawn a lump sum into a nominated bank account so that the judgment creditor can attach the proceeds.
11/11/24
YEUNG v JECKZ INVESTMENT LTD [2024] EWCA Civ 1413
Summarises general principles for the grant of summary judgment [14]. On the facts, there was and would be no material or plausible evidence to support a realistically arguable defence of undue influence and the judge below had therefore been right to grant summary judgment on the defendant’s personal guarantees.
5/11/24
CHESHIRE ESTATE & LEGAL LTD v BLANCHFIELD [2024] EWCA Civ 1317
Considers directors’ statutory/fiduciary duties when taking preparatory steps towards setting up a competing business prior to resigning [18]. On the facts, the judge had been entitled to find that directors had not breached their duties: (i) the steps taken were entirely preparatory to trading which would not start until six months after they resigned, (ii) the venture might not have proceeded; (iii) the directors resigned 4 days after it became clear the venture would proceed; (iv) in the meantime they were able to and did serve the company faithfully.