The expression “breach of duty” in the Limitation Act 1980 s.32 included a claim under the Insolvency Act s.423. However, there must be a legal wrongdoing of a kind that could properly be raised in an action to which s.32 of the Act applied.
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A receiver was not entitled under the Criminal Justice Act 1988 s.81(1) to retain sums in respect of his fees and disbursements out of the proceeds of realisation from the sale of property of an individual against whom a confiscation order had been made, but was required to apply those sums towards the satisfaction of the confiscation order as soon as they were received.
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Where there was a shortfall in respect of money owed to a secured creditor who held a floating charge over an insolvent company, the provisions of the Insolvency Act 1986 s.176A prevented that floating charge holder from participating as an unsecured creditor in a claim for the prescribed part of the company's property made available for the satisfaction of unsecured debts.
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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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