September 2015
30/9/15
SAHAVIRIYA STEEL INDUSTRIES UK LTD v HEWDEN STUART LTD [2015] EWHC 2726 (Ch)
On application by a company, the court made orders under s 127 Insolvency Act 1986 validating payments to be made by after the date of presentation of a winding-up petition. The payments were required to effect restructuring plans which presented a prospect for unsecured creditors to recover debts owed by the company.
28/9/15
CAPITAL FOR ENTERPRISE FUND A LP v BIBBY FINANCIAL SERVICES LTD [2015] EWHC 2593 (Ch)
Considers principles of unlawful means conspiracy. On the facts the case was not made out that a director of an insolvent company had conspired to transfer its assets to another company which he controlled.
25/9/15
SCOTTISH POWER UK PLC v BP EXPLORATION OPERATING COMPANY LTD [2015] EWHC 2658 (Comm)
Considers principles of contractual construction, including whether a term is to be regarded as a condition precedent or an innominate term.
24/9/15
NHS COMMISSIONING BOARD v SILVOSKY [2015] EHWC (Comm)
A term could not be implied into a contract that an annual payment was variable rather than a fixed sum. Claims for rectification were also dismissed.
17/9/15
CANADA SQUARE LIMITED v KINLEIGH FOLKARD & HAYWARD LIMITED, Central London County Court
A lender's claim for professional negligence against a valuer was time-barred. Time started running when the combined value of the borrower’s covenant and the value of the property was less than the mortgage loan (Nykredit v Erdman, 1998; DNB Mortgages v Bullock, 2000). On the facts that date was outside the limitation period so the claim was out of time.
14/9/15
A landlord was given permission under para 43 of such B1 Insolvency Act 1986 to to forfeit, by peaceable re-entry, a lease held by a company in administration. On the facts the purpose of the administration would not be impeded and no identifiable purpose of the administration would be served by requiring the landlord to seek forfeiture by legal proceedings, rather than by peaceable re-entry.
14/9/15
THE OFFICIAL RECEIVER v NORRISS [2015] EWHC 2697 (Ch)
Order made under s 236 Insolvency Act 1986 requiring a Hong-Kong resident to provide a witness statement giving an account of dealings with a company in liquidation.
11/9/15
THE CREATIVE FOUNDATION v DREAMLAND LEISURE LIMITED [2015] EWHC 2556 (Ch)
The claimant landlord obtained summary judgment on a claim for delivery up of a mural (attributed to Banksy) removed by the defendant tenant. The defendant had not been entitled to remove the mural to comply with its repairing obligations, nor was it arguable that there was an implied term in the lease providing for items removed to be the defendant’s property.
7/9/15
SANTANDER UK PLC v ROYAL BANK OF SCOTLAND PLC [2015] EWHC 2560 (Ch)
Although expressing some doubt as to whether the judge in Santander UK v Natwest (2012) had been correct to hold that unjust enrichment is sufficient to engage the Norwich Pharmacal jurisdiction, the court followed the decision and made a Norwich Pharmacal order in similar circumstances but refused in its discretion to order disclosure of anything other than names and addresses.
3/9/15
COSTEA v SC VOLKSBANK ROMANIA SA [2015] EUECJ C-110/14
For the purpose of Council Directive 93/113/EEC on Unfair Contract Terms, a lawyer who entered into a credit agreement could be a consumer if the agreement was not entered into for the purpose of his profession. This was so even if security was taken over an asset of his law firm.
2/9/15
RE: PROSPORT [2015] EWHC 2540 (Ch)
Shortly before a company liquidation a director/majority shareholder transferred practically all of the company's assets to an associated company for deferred consideration on ROT terms but with no other security. An application by the liquidator to recover the company’s loss from the director under s 212 Insolvency Act 1986 was dismissed. The director had not acted in breach of duty. He had believed the contract to be in the best interests of creditors by avoiding the costs of sale. He had obtained valuations and taken independent advice. He could not be said to have failed to exercise reasonable skill and care.
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