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England and Wales Case Law

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Insolvency [2020] EWHC 2360 (Ch)

Truewood Ltd, Re

Truewood Ltd, Re [2020] EWHC 2360 (Ch) (03 September 2020)

The High Court set aside a debarring judgment in insolvency misfeasance proceedings, finding invalid service and an arguable defence based on repayment or set-off.

  • Misfeasance
  • Service of process
  • Relief from sanction
  • Set aside judgment
  • Director loans
  • Mutual dealings
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Construction law [2018] EWHC 2043 (TCC)

Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd

Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd [2018] EWHC 2043 (TCC) (31 July 2018)

The court held that a company in liquidation cannot refer a dispute to adjudication where it includes claims for sums said to be due, because insolvency set-off reduces the matter to a single balance.

  • Adjudication
  • Liquidation
  • Bankruptcy set-off
  • Jurisdiction of adjudicator
  • Mutual dealings
  • Injunctions
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Insolvency

Kaupthing Singer & Friedlander Ltd

The High Court clarified insolvency set-off in administration, holding that future debts are valued by reference to the notice of distribution and post-administration interest is excluded from the account.

  • Insolvency set-off
  • Administration distribution
  • Mutual dealings
  • Valuation of claims
  • Interest on debts
  • Currency conversion
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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.