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Mental capacity

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • March 24 2011

In circumstances where a debtor lacks mental capacity to deal with a statutory demand and subsequent bankruptcy petition, the court will rescind or annul a bankruptcy order

Insolvency Service's policy on a bankrupt's principal residence

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • January 27 2011

The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy

Bankruptcy order against guarantor

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • December 15 2010

A guarantor can be made bankrupt where the terms of the guarantee create a debt obligation

Cost on discontinuance of claim

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • July 15 2010

When a claimant discontinues its claim, the usual position is that it has to pay the defendant's reasonable legal costs

Finance litigation briefing: report and review on the latest cases and issues

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • March 28 2013

Sale at an undervalue; time for presenting a petition; implied term avoids manifest injustice; complying with time limits; order for sale threshold

Security from principal debtor does not preclude claim against guarantor

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • July 20 2011

The case of White v Davenham Trust Ltd, has reaffirmed that a creditor can choose its own method of enforcing a debt which has been guaranteed even where it might hold security for that debt

Finance litigation briefing: report and review on the latest cases and issues

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • October 17 2012

Notice of assignment can be given by either the assignee or assignor under the Consumer Credit Act 1974 (CCA

Banking update: report and review on recent cases and issues

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • January 25 2012

The court has reaffirmed that comparable sales evidence is the best evidence when determining the retrospective valuation of a property

Charging order survives bankruptcy

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • August 20 2009

The making of a bankruptcy order alone will not deprive a judgment creditor of a final charging order where it is obtained before the bankruptcy order is made

Valid statutory demand

  • Wragge Lawrence Graham & Co LLP
  • -
  • United Kingdom
  • -
  • November 23 2010

The court has held that a statutory demand is valid despite the high default interest rate on an underlying loan