The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.
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Building Contract - Debate:- In June 2005 the parties entered into a building contract whereby the defender, a construction company, would erect for the pursuer, a property development company, a number of buildings. In this action the pursuer sought damages for alleged delays by the defenders in completing the works whilst the defender counterclaimed for an extension of time. A proof before answer was appointed for the dispute between the parties as to whether the defender was in breach of the ...
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The applicant applied for a declaration that moneys paid by him to the respondent company in liquidation were held on trust for the purpose of paying a third party. Held, whether or not money had been paid subject to a purpose trust was a question of fact. Where it had clearly to be implied into an arrangement between the applicant and a company that subsequently went into liquidation that the applicant had made a payment to the company to enable it to discharge the applicant’s debt to a third p ...
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The appellant shipowners (M) appealed against a decision that they were not entitled to claim deadfreight and the appellant charterers (C) appealed against a decision that M could bring an alternative claim for breach of a safe port warranty. It was held that C had not tendered full contractual performance and M’s appeal on the deadfreight issue was allowed. Where a voyage charterparty provided that the vessel had to load at a single named safe port, the charterers warranted the safety of that p ...
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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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