Reported Cases

By Area of Practice
By Barrister
By Date -

Reported Cases (156)

Image1

Top Brands v Sharma [2014] EWCA Civ 761

James Morgan QC
Top Brands v Sharma [2014] EWCA Civ 761. Decision of the Court of Appeal on an expedited appeal upholding the first instance judge that a former liquidator had no standing to challenge the status of the applicants as creditors, thereby meaning that their misfeasance claim against the former liquidator should proceed. Reported at: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/761.html James Morgan
Image1

Masters v Furber [2013] EWHC 3023 (Ch).

Decision of HHJ Purle QC that a supervisor of an IVA could, relying in part on a Power of Attorney in his favour, obtain a mandatory injunction requiring the debtor to comply with the terms of the arrangement in relation to the realisation of certain motor vehicles for the benefit of creditors as a whole. Reported at http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2013/3023.html 30th August 2013 James Morgan.
Image1

Re Clenaware Systems Ltd [2013] EWHC (Ch).

James Morgan QC
Decision of HHJ Barker QC as to the principles to be applied on an application for permission to act under sections 1A and 17 of the Company Directors Disqualification Act 1986. James Morgan and Matthew Weaver were instructed by the Secretary of State.   Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/2514.html. 9th August 2013 James Morgan.
Image1

Re Casa Estates Ltd [2013] EWHC 2371 (Ch).

Decision of Mr Justice Warren in the context of an office-holder claim as to the meaning and effect of the "balance sheet" insolvency test in s.123(2) of the Insolvency Act 1986 following the decision of the Supreme Court in Eurosail. Currently subject to a second appeal to the Court of Appeal. Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/2371.html. 31st July 2013 James Morgan.
Image1

Re GP Aviation Ltd [2013] EWHC 1447 (Ch); [2013] BPIR

Decision of HHJ Pelling QC as to whether a bare right to appeal was "property" within the meaning of the Insolvency Act 1986 in the context of an application by liquidator for directions as to whether he should assign the right to conduct a tax appeal to the directors of the company. Link here: http://www.bailii.org/ew/cases/EWHC/Ch/2013/1447.html 4th June 2013 James Morgan.