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England and Wales Case Law

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Insolvency [2021] EWHC 1952 (Ch)

Galer v Mond (Administrator of SFPL Ltd & Ors

Galer v Mond (Administrator of SFPL Ltd & Ors [2021] EWHC 1952 (Ch) (15 January 2021)

The High Court rejected a challenge to an administrator’s appointment, upholding the statutory declaration, assignment of debt rights, and the administrator’s independence.

  • Administrator appointment
  • Floating charge
  • Assignment of debt
  • Statutory declaration
  • Independence of administrator
  • Administrator-appointment
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Insolvency

Crumpler & Anor v Candey Ltd

The High Court held that Candey’s post-liquidation funding work securing £200,000 for an initial review was authorised and worth £4,000, and ordered Candey to pay 85% of the liquidators’ costs.

  • Floating charge
  • Valuation of secured claims
  • Costs
  • Disbursements
  • Funding post-liquidation
  • Insolvency
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Insolvency [2020] EWHC 1364 (Ch)

Secure Mortgage Corporation Ltd & Anor v Harold & Ors

Secure Mortgage Corporation Ltd & Anor v Harold & Ors [2020] EWHC 1364 (Ch) (28 May 2020)

The High Court held that an administrator’s appointment was void because the alleged appointers failed to prove title to the qualifying floating charge and did not comply with statutory filing requirements.

  • Appointment of administrator
  • Floating charge
  • Personal representatives
  • Procedural compliance
  • Administrator-appointment
  • Floating-charge
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Insolvency

Secure Mortgage Corporation Ltd & Anor v Harold & Ors

The High Court held that Mr Harold’s purported appointment as administrator was void because the appointers failed to prove title to the charge and the notice was defective.

  • Appointment of administrator
  • Floating charge
  • Personal representatives
  • Procedural compliance
  • Insolvency
  • Administration
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Insolvency

Discovery (Northampton) Ltd & Ors v Debenhams Retail Ltd & Ors

The High Court partly upheld a challenge to Debenhams’ CVA, holding landlords were creditors for future rent and rent reduction was permissible, but the forfeiture restraints were outside the CVA’s powers.

  • Company voluntary arrangement (cva)
  • Unfair prejudice
  • Material irregularity
  • Landlord rights
  • Forfeiture
  • Floating charge
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Insolvency [2018] EWCA Civ 2256

Crumpler & Anor v Candey Ltd

Crumpler & Anor v Candey Ltd [2018] EWCA Civ 2256 (16 October 2018)

The Court of Appeal held that Peak retained a proprietary interest in money paid into court, so it could validly grant Candey a charge over the funds.

  • Floating charge
  • Proprietary interest
  • Money paid into court
  • Liquidation
  • Security for costs
  • Money-paid-into-court
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Insolvency [2015] EWHC 3568 (Ch)

Premier Motor Auctions Ltd, Re

Premier Motor Auctions Ltd, Re [2015] EWHC 3568 (Ch) (11 December 2015)

The High Court refused a without-notice application by liquidators for approval of litigation expenses against a floating charge holder and declined to hear the matter in private.

  • Liquidator's expenses
  • Priority of claims
  • Floating charge
  • Litigation funding
  • Open justice
  • Without notice applications
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Insolvency law

Premier Motor Auctions Ltd, Re

The High Court refused a without-notice application to approve liquidation litigation expenses, holding Lloyds had to be served and heard and that no private hearing was justified.

  • Liquidator's expenses
  • Priority of claims
  • Floating charge
  • Litigation funding
  • Open justice
  • Insolvency-law
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Insolvency [2013] EWHC 596 (Comm)

Irish Bank Resolution Corporation Ltd v DTZ Debenham Tie Leung Ltd

Irish Bank Resolution Corporation Ltd v DTZ Debenham Tie Leung Ltd [2013] EWHC 596 (Comm) (07 March 2013)

Security for costs was refused in a professional negligence claim because the court found no real risk the claimant in Irish special liquidation could not meet any future costs order.

  • Security for costs
  • Liquidation
  • Priority of costs
  • Floating charge
  • Professional negligence
  • Security-for-costs
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Insolvency [2009] EWHC 3915 (Ch)

Plants to Go Ltd, Re

Plants to Go Ltd, Re [2009] EWHC 3915 (Ch) (27 April 2009)

The High Court made an administration order for Plants to Go Limited with retrospective effect, curing a defect in the out-of-court appointment and favoring administration over winding up.

  • Administration order
  • Retrospective effect
  • Pre-pack administration
  • Voluntary arrangement
  • Floating charge
  • Administration-order
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.