The appellant (A) appealed against a decision dismissing its Part 20 claim against the respondents (R, company X's past and current directors and auditors) for contribution or indemnity under the Civil Liability (Contribution) Act 1978. An employee of Company X had defrauded it of large sums by procuring the transfer of the sums to one of A’s accounts. A’s claim for a contribution or an indemnity from them under the 1978 Act was made on the basis that R's breaches of duty had caused the unauthor ...
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Expenses:- On 30 November 2007 a proof before answer was allowed at the end of an amendment procedure that began at the instance of the pursuers on 4 October 2005. Here the court considered the question of the expenses of that amendment procedure. The defenders sought from the court:- (1) an order finding the pursuers liable in the expenses of the process from the beginning of the amendment period to date on an agent/client, client paying basis; and (2) for certification of a chartered accountan ...
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A liability to repay overpayments of benefit was a bankruptcy debt that was released on discharge from bankruptcy.
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The appellant Secretary of State appealed against a decision that the liability to repay overpayments of benefit terminated on discharge from bankruptcy. Held that liability to repay overpayments of benefit was a bankruptcy debt that was released on discharge from bankruptcy.
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The appellant appealed against a decision to grant a declaration in favour of the trustees in bankruptcy that a transfer of a property pursuant to an order in matrimonial proceedings had been a transaction at undervalue. Held that the receiving party to an ancillary relief order did give consideration for that order, the value of which was the value of the money or property ordered to be transferred, for the purposes of determining whether it was a transaction at an undervalue pursuant to the In ...
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Proof of a debt in bankruptcy, either before or after discharge of the bankrupt, was adequate to establish for the purposes of a claim against the bankrupt’s insurers under the Third Parties (Rights against Insurers) Act 1930.
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The appellant shipowners appealed a decision which had granted a stay under s.9 of the Arbitration Act of proceedings commenced by the shipowner. Those proceedings sought a declaration that they had validly rescinded charterparties entered into with the respondent charterers on grounds of bribery. The Law and Litigation clause contained in the charters provided for any dispute ‘arising under’ the charter to be referred to arbitration. A sub clause made reference to a dispute ‘arising out of’ th ...
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There was no established practice in relation to applications for administration orders similar to that which applied in relation to winding-up petitions where there was a disputed debt or cross-claim and it was not appropriate to create such a practice.
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A, the appellant investment fund, appealed against a decision dismissing its claim for damages against R, the respondent bank. The claim was based on R’s alleged failure as arranger and underwriter of a syndicated loan to disclose to A information obtained after R had sent out the Syndicated Information Memorandum (SIM) but before A had completed its purchase of bonds from R. A claimed that by implication R represented that it did not know facts rendering the information given in the memorandum ...
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The appellant appealed against a decision upholding a statutory demand by the respondent former employer. Held for the purpose of setting aside a statutory demand, the cross-claim had to be genuine and serious or of substance or raise a genuine triable issue. There was no practical difference between “genuine triable issue” and “real prospects of success”.
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