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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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