The appellant Polish Company (E) appealed against a decision that arbitrators were correct to apply English law to the question whether an arbitration against E should proceed once E had been declared bankrupt in Poland. If an action had been begun or a reference to arbitration had been constituted in a Member State other than that in which insolvency proceedings had been opened, the case would fall with Regulation 1346/2000 art.15 and the law of the Member State where the legal action had begun ...
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A reinsurer’s failure to replenish a trust account set up under an agreement with an insurance company did not make the insurer a creditor of the reinsurer. Accordingly, the insurer did not have locus standi to bring a winding-up petition in respect of the reinsurer.
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The appellant building society appealed against a decision granting an application by the trustee in bankruptcy to discharge a charging order obtained over the share of the bankrupt in a property. Held that a judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.
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In 2001 Chartbrook entered into an agreement with Persimmon for the development of a site which Chartbrook had recently acquired. Persimmon was to obtain planning permission and then, pursuant to a licence from Chartbrook, enter into possession, construct a mixed residential and commercial development and sell the properties on long leases. Chartbrook would grant the leases at the direction of Persimmon, which would receive the proceeds for its own account and pay Chartbrook an agreed price for ...
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The Petitioners sought a Winding Up Order against the Respondents. They had previously lodged a caveat and a Hearing took place. The Sheriff had to consider whether to make an Order for First Deliverance on the Petition. The Petitioners sought an Order on the grounds that the Respondents were allegedly unable to pay their debts as and when they fell due (Sections 122 (f) and 123 of the Insolvency Act 1986). This followed the service of a Statutory Demand. The Petitioners also claimed tha ...
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The Petitioners sought a Winding Up Order against the Respondents. The caveat had been lodged on their behalf and a hearing took place. The Sheriff had to consider whether to make an Order for First Deliverance on the Petition. The Petitioners sought an Order on the grounds that the Respondents were allegedly unable to pay their debts as and when they fell due (Sections 122 (f) and 123 of the Insolvency Act 1986). This followed the service of the Statutory Demand. The Petitioners also cl ...
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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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