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27 July 2012
Issue: 7524 / Categories: Case law , Law digest , In Court
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Bankruptcy

Gittins v Serco Home Affairs [2012] EWHC 651 (Ch), [2012] All ER (D) 162 (Jul)

It was settled law that the inquiry into whether on the relevant date a bankrupt was able to pay his debts was an inquiry not into whether his liabilities exceeded his assets but into whether he could meet his liabilities when they were due. It was plain from the authorities that the primary test for an inability to pay debts as they fell due for an individual under s 272 of the Act was the cash flow test in respect of assets and immediate liabilities. However, there was a limited role in respect of future liabilities which came into play when it could be said that the individual’s use of cash or other assets for current purposes could be said to be a fraud on the future creditors. It was further settled law that, save in very exceptional cases, where a debtor was unable to pay his debts at the date of the petition its presentation was not an abuse of the process

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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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