Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.
- swarb.co.uk cases
recent (lawindexpro.co.uk) - Up to 10 recent cases on this area of law
historic (swarb.co.uk) - many cases on this topic from before 2000.
- Bendall -v- McWhirter; CA 1952 - The trustee in the husband’s bankrupty, by virtue of his statutory position, was subject to the same special restriction as would prevent the husband himself from evicting his wife.
Hill (As Trustee In Bankruptcy of Nurkowski) -v- Spread Trustee Company Ltd and Another; CA 12-May-2006 - The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors.
In Re Bradley-Hole (A Bankrupt) - There was a conflict between the creditors who were party to the IVA and a subsequent trustee in bankruptcy; and the bankruptcy was petitioned by a new creditor who was unaffected by the IVA.
Re Marriage Neave & Co; CA 1896 - The court considered the liability for rates of a company’s receiver:
Secretary of State for Work and Pensions -v- Payne and Another; SC 14-Dec-2011 - The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist.
- Judgments Act 1838 / 110 -|- Case law -|- See Also:, Litigation Practice
An Act . . for extending the Remedies of Creditors against the Property of Debtors
- Third Parties (Rights Against Insurers) Act 1930 / 25 -|- Case law -|- See Also: Insurance
An Act to confer on third parties rights against insurers of third-party risks in the event of the insured becoming insolvent, and in certain other events.
- Employment Protection (Consolidation) Act 1978 / 44 -|- Case law -|- See Also: Employment, Benefits
An Act to consolidate certain enactments relating to rights of employees arising out of their employment; and certain enactments relating to the insolvency of employers; to employment tribunals; to recoupment of certain benefits; to conciliation officers; and to the Employment Appeal Tribunal.
- Insolvency Act 1986 / 45 -|- Case law -|- See Also:, Company
An Act to consolidate the enactments relating to company insolvency and winding up (including the winding up of companies that are not insolvent, and of unregistered companies); enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters, including the functions and qualification of insolvency practitioners, the public administration of insolvency, the penalisation and redress of malpractice and wrongdoing, and the avoidance of certain transactions at an undervalue
Insolvency Rules 1986 / 1925 -|- Case law
(Original Form) The Lord Chancellor, in the exercise of his powers under sections 411 and 412 of the Insolvency Act 1986, with the concurrence of the Secretary of State, and after consulting the committee existing for that purpose under section 413 of that Act, hereby makes the following Rules
Company Directors Disqualification Act 1986 / 46 -|- Case law -|- See Also: Company
An Act to consolidate certain enactments relating to the disqualification of persons from being directors of companies, and from being otherwise concerned with a company’s affairs.
- Insolvency (No 2) Act 1994 / 12 -|- Case law
An Act to amend the law relating to company insolvency and winding up, and the insolvency and bankruptcy of individuals, so far as it concerns the adjustment of certain transactions; and for connected purposes.
Insolvency Act 1994 / 7 -|- Case law -|- See Also:, Employment
An Act to amend the Insolvency Act 1986 in relation to contracts of employment adopted by administrators, administrative receivers and certain other receivers; and to make corresponding provision for Northern Ireland.
- Sale of Goods (Amendment) Act 1995 / 28 -|- Case law -|- See Also: Contract
An Act to amend the law relating to the sale of unascertained goods forming part of an identified bulk and the sale of undivided shares in goods.
- The Cross-Border Insolvency Regulations 2006 / 1030 -|- Explanatory Note -|- Case law -|- See Also:, International
- Tribunals, Courts and Enforcement Act 2007 / 15 -|- Explanatory Note -|- Case law -|- See Also: Constitutional, Administrative, Judicial Review, Litigation Practice
An Act to make provision about tribunals and inquiries; to establish an Administrative Justice and Tribunals Council; to amend the law relating to judicial appointments and appointments to the Law Commission; to amend the law relating to the enforcement of judgments and debts; to make further provision about the management and relief of debt; to make provision protecting cultural objects from seizure or forfeiture in certain circumstances; to amend the law relating to the taking of possession of land affected by compulsory purchase; to alter the powers of the High Court in judicial review applications; and for connected purposes.
- The Companies (Unfair Prejudice Applications) Proceedings Rules 2009 / -|- Case law -|- See Also: Company, Litigation Practice
- Third Parties (Rights Against Insurers) Act 2010 / 10 -|- Case law -|- See Also: Insurance
An Act to make provision about the rights of third parties against insurers of liabilities to third parties in the case where the insured is insolvent, and in certain other cases.
- Financial Services (Banking Reform) Act 2013 / 33 -|- Case law -|- See Also: Banking, Financial Services, Consumer
An Act to make further provision about banking and other financial services, including provision about the Financial Services Compensation Scheme; to make provision for the amounts owed in respect of certain deposits to be treated as a preferential debt on insolvency; to make further provision about payment systems and securities settlement systems; to make provision about the accounts of the Bank of England and its wholly owned subsidiaries; to make provision in relation to persons providing claims management services; and for connected purposes.
Enterprise and Regulatory Reform Act 2013 / 24 -|- Case law -|- See Also: Banking, Commercial, Intellectual Property, Information
An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.
- Advice.org.uk -|- "Established in 1979, we are the largest network of independent advice agencies in the UK. We are the membership network for organisations who give advice, and we can help put you in touch with the right one to help you."
Bailiff powers when they visit your home -|- gov.uk
Bankrupt Beneficiaries -|- Law Society Practice Note
Bankruptcy tourism -|- LS Gazette - Benchmarks Poractice Guides for Solicitors
Bona Vacantia (Treasury Solicitors Department) -|- Unclaimed assets - after a death, insolvency, or failed trust
Citizens Advice -|- The Citizens Advice service helps people resolve their legal, money and other problems by providing free, independent and confidential advice, and by influencing policymakers.
Debt Advice Foundation -|- Debt Advice Foundation - a charity based debt counselling service.
Insolvency Service - Law
Money Saving Expert -|- Martin Lewis's lot
Stepchange -|- Charity debt counselling service.
The Chancery Guide (2009) -|- Guide to practice in the Chancery Division
The Insolvency Service