Debt case law - Rightsnet

16 February, 2022

High Court rules that legislation that protects pension rights of those made bankrupt in the UK unlawfully discriminated against a bankrupt who had rights under an Irish pension scheme

Wilson & Anor v McNamara & Ors [2022] EWHC 243 (Ch)

7 December, 2021

High Court rules that a bankruptcy applicant must fulfil the evidential burden to establish their inability to access pension pots at the date of the adjudicator’s determination of their application

Office of the Bankruptcy Adjudicator & Anor v Shaw [2021] EWHC 3140 (Ch)

3 December, 2021

High Court orders sale of bankrupt’s family home having ruled that the trustees’ application for an order was correctly issued under the Insolvency Rules 2016

Gostelow & Anor v Hussain & Ors [2021] EWHC 3276 (Ch)

1 November, 2021

High Court rules that claimant’s application for compensation from the Official Receiver under section 304 of the Insolvency Act 1986 for a sale at an undervalue has merit

Walker v The Official Receiver [2021] EWHC 2868 (Ch)

29 September, 2021

Northern Ireland High Court rules that creditor’s statutory demand should be set aside as it failed to set out clear and accurate details of sum owed

May v Ulster Bank Ltd [2021] NICh 11

25 August, 2021

High Court rejects creditor’s application to cancel breathing space mental health moratorium made on grounds that it ‘unfairly prejudiced’ their interests

Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (Rev1) [2021] EWHC 2308

2 August, 2021

High Court considers whether waiver has occurred where a party ignores irregular service and allows bankruptcy proceedings to continue

Sands v Dyer & Ors [2021] EWHC 2124 (Ch)

2 August, 2021

High Court considers whether respondent in bankruptcy proceedings had established a change of position, and whether this was a relevant factor in the court’s determination to grant no relief

Bucknall & Anor v Wilson [2021] EWHC 2149 (Ch)

28 June, 2021

Court of Appeal considers whether a ‘reconstitution’ of a default notice is sufficient for a creditor to establish that it complied with the statutory requirements when serving it

Goodinson v PRA Group (UK) Ltd [2021] EWCA Civ 957

29 March, 2021

High Court of Northern Ireland considers whether mortgagee must add the Crown to proceedings before claiming possession of a property that was held and then disclaimed by trustee in bankruptcy

Curry v HSBC Bank Plc [2021] NICh 1

22 March, 2021

High Court considers whether proper consideration was given to an adjournment before making a bankruptcy order

Ndyabahika v Hitachi Capital UK Plc [2021] EWHC 633 (Ch)

26 February, 2021

High Court rules that claimant's failure to inform magistrates' court of the reason he could not attend council tax liability order hearing did not prevent the court from setting aside the orders if reason was compelling

Mustafa v The London Borough of Bromley & Anor [2021] EWHC 404 (Admin)

11 January, 2021

High Court declares that enforcement agent may enter into controlled goods agreement with debtor whether or not they have physically entered premises where goods are located

Just Digital Marketplace Ltd (enforcement - controlled goods agreements - taking control of goods) [2021] EWHC 15 (QB)

22 December, 2020

Court of Session exercises discretion in favour of debtor, so that creditor is prevented from claiming PPI compensation awarded subsequent to ‘final distribution’ of assets

Royal Bank of Scotland PLC v Donnelly and Another [2019] CSOH 106

30 November, 2020

High Court rules that a third-party loan to a debtor, paid direct to petitioner to clear bankruptcy debt, is not a void disposition under section 284 of the Insolvency Act 1986

Hood v JD Classics Ltd (In Administration) [2020] EWHC 3232 (Ch)

3 September, 2020

High Court considers a creditor’s challenge to insolvency practitioner’s decisions that rejected multiple requests to modify his fee charging structure in favour of creditors

Royal Bank Of Scotland Plc v Munikwa & Ors [2020] EWHC 786 (Ch)

6 May, 2020 Open access

Court of Appeal rules that Debenhams’ administrators ‘adopted’ the employment contracts of employees furloughed under the Coronavirus Job Retention Scheme

Debenhams Retail Ltd, Re [2020] EWCA Civ 600

22 April, 2020 Open access

High Court considers whether administrators of a company that has furloughed its employees, pending payments from the CJRS, can avoid ‘adoption’ of the employees’ contracts

Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch)

14 April, 2020 Open access

High Court considers the legal basis upon which the administrators of an insolvent company might ‘furlough’ the company’s employees pursuant to the Coronavirus Job Retention Scheme

Carluccio's Ltd, Re Insolvency Act 1986 [2020] EWHC 886 (Ch)