Summary The power of the court to grant a freezing injunction under the Senior Courts Act 1981 s.37 extended to making any ancillary orders which appeared just and convenient to ensure its effective operation. The court had jurisdiction to order that a defendant disclose the ultimate source of funds used to...
Application by bankrupt to set aside notice of discontinuance filed by trustee in bankruptcy and for directions for assignment of claim to bankrupt.
Summary The court declined to set aside an order for service out of the jurisdiction of proceedings relating to a put option agreement and made a freezing order in support of the proceedings. Facts The applicant (D) applied to set aside an order giving the respondent (C) permission to serve...
Summary In order to obtain the appointment of a provisional liquidator in the case of a creditor's winding-up petition, the petitioner had to show as a threshold test that he was likely to obtain a winding-up order on the hearing of the petition. Facts The appellant commissioners appealed against a...
Summary It was not appropriate to adjourn the trial of a bank's application for an order committing the defendant for contempt of court. If the time for service of the defence was extended the defendant would have adequate time to prepare. Facts The applicant (X) applied to adjourn the hearing...
Summary The First-tier Tribunal (Tax Chamber) had no inherent powers. Any power that might be implied under the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 r.5, enabling the tribunal to debar a party from proceedings in order to give effect to the overriding objective to deal with cases fairly and...
Summary Where the statutory insolvency or bankruptcy regimes did not apply, the historic "first past the post" rule applied and the first creditor to obtain a charging order took priority. The court retained a limited discretion in such a case to decline to make an interim charging order final where...
Summary On the facts as pleaded and in light of the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (In Administration) (2011) EWCA Civ 347, (2011) Bus LR 1126, proprietary claims based on an allegation that a company group's former chief operating officer had accepted bribes or secret commissions in the...