Insolvency

4 cases · June 2025 to October 2025

Key Issues & Sub-Topics

Bankruptcy — Leave to institute bankruptcy proceedings — s. 5(3)(b) Insolvency Act 1967 — Appeal against Registrar’s order — Scope of court’s review Guarantee — Commercial guarantee — Not a social guarantee — s. 2 Insolvency Act 1967 — Personal liability of guarantor — Joint and several obligations Insolvency — Exhaustion of execution remedies — s. 5(4) Insolvency Act 1967 — Whether creditor required to exhaust all modes listed in s. 5(6) — Futility principle — Principal debtor wound up Company insolvency — Effect of winding-up of principal debtor — Assets vesting in liquidator — Creditor precluded from further execution — Bankruptcy against guarantor proper 1 Receivers and Managers — Sale of property by receivers during pending judicial management application — Validity of Sale and Purchase Agreement — Whether SPA enforceable — Whether plaintiff has locus standi to challenge SPA — Whether breach of section 410 Companies Act 2016 — Whether misconduct by receivers or chargee bank — Companies Act 2016, s. 410 1 Bona fide dispute on debt — Retention sum under deed of settlement — Whether debt genuinely disputed on substantial grounds — Debt forming subject matter of pending civil suit 1 Presumption of insolvency — Whether Respondent able to rebut presumption of insolvency — No audited financial statements produced — Failure to show solvency through credible evidence — Commercial insolvency test applied — Insolvency remains unrebutted — Company ordered to be wound up 1

Bankruptcy — Leave to institute bankruptcy proceedings — s. 5(3)(b) Insolvency Act 1967 — Appeal against Registrar’s order — Scope of court’s review Guarantee — Commercial guarantee — Not a social guarantee — s. 2 Insolvency Act 1967 — Personal liability of guarantor — Joint and several obligations Insolvency — Exhaustion of execution remedies — s. 5(4) Insolvency Act 1967 — Whether creditor required to exhaust all modes listed in s. 5(6) — Futility principle — Principal debtor wound up Company insolvency — Effect of winding-up of principal debtor — Assets vesting in liquidator — Creditor precluded from further execution — Bankruptcy against guarantor proper 1 case

Receivers and Managers — Sale of property by receivers during pending judicial management application — Validity of Sale and Purchase Agreement — Whether SPA enforceable — Whether plaintiff has locus standi to challenge SPA — Whether breach of section 410 Companies Act 2016 — Whether misconduct by receivers or chargee bank — Companies Act 2016, s. 410 1 case

Bona fide dispute on debt — Retention sum under deed of settlement — Whether debt genuinely disputed on substantial grounds — Debt forming subject matter of pending civil suit 1 case

Presumption of insolvency — Whether Respondent able to rebut presumption of insolvency — No audited financial statements produced — Failure to show solvency through credible evidence — Commercial insolvency test applied — Insolvency remains unrebutted — Company ordered to be wound up 1 case

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