IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

A district judge had been plainly right to conclude that a creditor who had presented a bankruptcy petition had not unreasonably refused an offer by the debtor to compound for the relevant debt. The offer, which related to the debtor's half-share of the equity in the matrimonial home, extended to less than a quarter of … Continue reading IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

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GOLDTRAIL TRAVEL LTD (In Liquidation) v ABDULKADIR AYDIN AND ORS (2016)

In deciding equitable compensation for dishonestly assisting a company director in breaching his fiduciary duties, the dishonest assisters were not liable to compensate the company for the misapplication of money which had been recouped before the company's liquidation. The misapplication of that money had not caused the company any loss because it had been repaid. … Continue reading GOLDTRAIL TRAVEL LTD (In Liquidation) v ABDULKADIR AYDIN AND ORS (2016)

BROWN & ANOR (JOINT ADMINISTRATORS OF LOANWELL LTD) v STONEGALE LTD (2016)

A company (C1) and its director (J) appealed against a decision ([2015] CSIH 12, 2015 S.C.L.R. 619) that the dispositions of four properties to them amounted to "gratuitous alienations" for the purposes of the Insolvency Act 1986 s.242. The dispositions had been made by a group of three companies (G) controlled by J's father (S). … Continue reading BROWN & ANOR (JOINT ADMINISTRATORS OF LOANWELL LTD) v STONEGALE LTD (2016)

RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)

The court had to determine a claim for breach of warranty of authority brought against the respondent solicitors. The claim arose in the context of a family dispute concerning a company. The claimant (X) had presented a petition in 2014 to wind-up the company on grounds of insolvency. A winding-up order was made in March … Continue reading RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)

(1) JASON MARK EVANS (2) STEPHEN JOHN BURKINSHAW v (1) PETER JONES (2) HELEN JONES (2016)

The liquidators of a company appealed against a decision that payments made to its shareholders (J) in the period before its liquidation could not be recovered because they had not been made at a "relevant time" within the Insolvency Act 1986 s.240(2). The company had been a property development company. In its projects, it relied … Continue reading (1) JASON MARK EVANS (2) STEPHEN JOHN BURKINSHAW v (1) PETER JONES (2) HELEN JONES (2016)