The Insolvency Act 1986 s.208(4)(a) should be read as placing a legal burden of proof on a defendant to show that he had no intention to defraud.
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Appeal - Commercial Action - Whether there had been Intimation of an Assignation Following a Diet of Debate in a commercial action, the Pursuers/Appellants appealed against the Sheriff’s decision. The issue was whether there had been valid intimation of an assignation. The parties agreed that the test which the Court had to apply was set out by Lord Kincraig in Libertas-Kommerz Gmbh, Appellants 1978 SLT 222. The Pursuers had marketed the lease of a licensed premises on the instructi ...
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Petition - for the sanction of an insurance business transfer scheme pursuant to Part VII of, and Schedule 12 to, the Financial Services and Markets Act 2000 under which part of the long term insurance business carried on by Save and Prosper Pensions Ltd is to be transferred to Prudential Retirement Income Ltd. In the course of considering the Petition, the question has arose as to whether the Court has power to sanction a scheme which transfers only some of the rights and liabilities arising un ...
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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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