Cases by Area of Law

Davy v Pickering

Davy v Pickering

 [2017] EWCA Civ 30; [2017] WLR(D) 38

 Barrister: Guy Adams

Area of Law: Company and Insolvency

Summary:  Guy Adams, instructed by Capital Law LLP, succeeded in the Court of Appeal in overturning the judgment at first instance in the Mercantile Court in Cardiff (reported at [2015] 2 BCLC 116).

The case concerned the extent of the power of the court under the new provisions in section 1032 Companies Act 2006 to make directions upon the restoration of a company to the register, both to disallow a period for the purpose of limitation and to back-date the presentation of a winding-up petition.  The Court of Appeal held, following Hawkes v County Leasing [2015] EWCA Civ 1251 (decided in the period between permission and hearing), that it was necessary to establish a causal link between the dissolution of the company and the inability to start proceedings or to present a winding-up petition before such a direction could be made.

View judgment: Davy v Pickering v Ors

View summary: [2017] WLR(D) 38

Scriveners v Imison

Barrister: Martha Maher
Area of Law: Company / Insolvency
Summary: Martha was instructed by Dominic Holden of Ashfords’ London office, to act for the Incorporated Company of Scriveners in a successful disciplinary action before the Court of Faculties against Ella Imison, Scrivener Notary. This case arises out of the collapse of companies in the Insight Group including Insight Commodities Limited which went into insolvent liquidation following a public interest winding up petition before the High Court. The case concerned the professional’s part in an alleged boiler room fraud involving  the sale of so-called agri-commodities investments  in a number of  jurisdictions with significant loss to investors. The case also raised issues concerning observance by professionals of the Money Laundering Regulations. This judgment has been published on the Faculty Office’s website.

Download judgment: Scriveners v Imison

Blemain Finance Ltd v Goulding

CA (Civ Div) (Rimer LJ) 17/12/2013 [2013] EWCA Civ 1630

Barrister: Guy Adams
Area of Law: Property and Real Estate and Insolvency
Summary: Bankrupts: legal charges: overriding interests: possession order: registered land: setting aside: title to land: effect of s.283-S.306 Insolvency Act: Insolvency Act 1986 s.284, s.283, s.306, s.283A, s.283A(5), s.58 : Land Registration Act 2002 s.23, s.29, s.86(5).

Guy appeared at first instance and on an application for permission to appeal, which resulted in a reserved judgment. The case, though raising very interesting legal issues as to the relationship between a trustee in bankruptcy’s unregistered title to land and the rights of a person who is registered as the proprietor of an estate in the land subsequent to the bankruptcy, was ultimately decided on the facts.

Re Cobbetts LLP

Barrister: Martha Maher
Area of Law: Insolvency and Partnership

Martha Maher was instructed by Claire Sharf of Pinsent Masons on behalf of KPMG in relation to the obtaining of the Administration Order in respect of failed law firm Cobbetts LLP. The business of the c£50m turnover firm, along with its 72 partners and circa 400 staff situated in Manchester, Leeds, Birmingham and London were prepack sold to DWF LLP as part of the process. The order was obtained in the High Court of Justice, Chancery Division before Mrs Justice Asplin. Martha was led by Peter Arden QC of Erskine Chambers.

Re P Elliott & Co UK Ltd (in liquidation)

Barrister: Guy Adams
Area of Law: Company, Insolvency, Partnership

Summary: Acted for liquidator appointed in creditors voluntary liquidation in rescinding a winding-up order

Re Halliwells LLP

[2011] BCC 57

Barrister: Martha Maher
Area of Law: Insolvency and Partnership

Summary: Application for administration order in relation to LLP and directions under para 63 Schedule B1 in relation to pre-pack sales of the business assets.

Walker (as Liquidator of Jade Group of Companies) v Mark Holt & Co. Ltd

[2008] BCC 458

Barrister: Martha Maher
Area of Law: Professional Negligence/Insolvency

Summary: Allocations under S.213 1A 86 of fraudulent trading and/or breach of duty in contract and Tort by accountants retained to advise in relation to Employee Benefit Trusts and insolvency of companies.

Re Westmid Packaging Services Ltd Secretary of State v Griffiths et al

[1998] 2 All ER 124

Barrister: Martha Maher
Area of Law: Insolvency

Summary: Director Disqualification-Guidelines for imposition of period of disqualification and s17 leave in CDDA cases.

Bristol and West Building Society v Beck and Melinek

[1997] BPIR 358

Barrister: Martha Maher
Area of Law: Insolvency

Summary: Bankruptcy – principles for granting retrospective leave to commence proceedings.

Platts v Western Trust and Savings

[1996] BPIR 339 CA

Barrister: Charles Auld
Area of Law: Insolvency

Summary: Court of Appeal decision relating to setting aside a statutory demand.