In the course of negotiating settlement of a personal injury claim, Servisair's insurers wrote to JVK's solicitors advising, "We accept that our Insured is liable for the purposes of this claim, and will pay damages, to be assessed when we receive details of the claim. We will also be paying your costs in accordance with the Civil Procedure Rules."
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The Pursuers raised a number of actions under the Commercial Court Rules (OCR Chapter 40) seeking to have the Defender in each case ordained to implement a contract for the purchase of heritable property. In the case of the Defender in the current action, the parties had entered into missives in which the Defender had offered to purchase a flat in a development being constructed by the Pursuers. In each case, the Pursuers also had an alternative crave for payment of damages failing implemen ...
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The Pursuers claimed damages following the failure of a joint venture with the Defenders to market a new brand of tea. The Pursuers sought recompense and alleged that the sum sued for was the amount by which the Defenders had been unjustifiably enriched. The parties had contemplated creating a joint venture limited company in which the Pursuers would be granted 25% of the share capital and 8% of the value of sales. The arrangements eventually broke down, however, and the Pursuers did not proceed ...
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The petitioner was appointed trustee in bankruptcy on 4 March 2009 over the bankrupt estate of Paul Hynd after he was adjudged bankrupt in the Winchester County Court on 16 December 2008. Hynd lives in Hampshire, but the bankruptcy estate includes his interest in certain property in Dundee. To prevent the bankrupt from disposing of the property the petitioner sought to register the Bankruptcy Order in the Register of Inhibitions and Adjudications in Scotland by seeking enforcement of the Bankrup ...
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When considering whether a company facing a wind-up petition had a genuine and serious cross-claim against the petitioning creditor the Judge had not erred in law by requiring that the company should have previously asserted, litigated or issued proceedings for the cross-claim, but he had quite legitimately taken into account as a relevant circumstance the fact that the company had not done so.
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By virtue of the Insolvency Act 1986 s.178(4)(b), the original tenant’s liability under a guarantee survived the disclaimer of the relevant lease by the liquidator of the company to which the lease had been assigned.
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An appeal against a decision of the Court of Appeal of Belize on the construction of an article in the articles of association of Belize Telecommunications Ltd, a company which had been formed to take over the undertaking of the Belize Telecommunications Authority. The CA rejected A’s argument that the articles should be construed as providing by implication that a director appointed by virtue of a specified shareholding would vacate his office if there was no longer any holder of such a shareho ...
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The appellant appealed against an order annulling his bankruptcy and ordering him to make a lump sum payment to the respondent wife. Held when an applicant for annulment of a bankruptcy order made on a debtor’s petition established that the debtor’s assets exceeded his liabilities, the evidential onus shifted to the debtor to establish that he was unable to pay his debts.
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The fact that a bankruptcy order had been made against an offender and all his assets were in the hands of his trustee in bankruptcy did not affect the judge’s power to make a confiscation order.
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A creditors’ voluntary arrangement was construed so that the supervisors of the agreement could consider claims submitted late by creditors who had not had notice of the creditors’ meeting if the delay had not resulted from the creditors’ wilful default or lack of responsible diligence.
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