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Alderson V Temple
is a UK insolvency law case, concerning voidable transactions under what was the Fraudulent Conveyances Act 1571, and what is now the Insolvency Act 1986 section 423. Facts On Saturday morning Alderson (recorded as A.B. in the report) committed acts of bankruptcy. On Friday morning, Alderson had posted a £600 note from London to Temple, one of his creditors in Trowbridge, in return for two £300 notes. Temple’s two notes arrived on Monday. The assignees of Alderson brought an action for the value of the note. They argued, first, that the transfer of the note did not take effect merely by putting it in the post, and second, that it was an unlawful preference under the Fraudulent Conveyances Act 1571. Judgment Lord Mansfield CJ held the Fraudulent Conveyances Act 1571 applied, not just to fraudulent conveyances, but also the granting of fraudulent preferences, and Alderson's actions were void. Yates J, Aston J and Willes J concurred. See also *UK insolvency law Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Insolvency Law
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. "Insolvency" means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is "liquidated", so that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986 (replaced in England and Wales from 6 April 2017 by the Insolvency Rules (England and Wales) 2016 – see below), the Company Directors Disqualification Act 1986, the Employment R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraudulent Conveyances Act 1571
The Fraudulent Conveyances Act 1571 (13 Eliz 1, c 5), also known as the Statute of 13 Elizabeth, was an Act of Parliament in England, which laid the foundations for fraudulent transactions to be unwound when a person had gone insolvent or bankrupt. In the United Kingdom, the provisions contained in the 1571 Act were replaced by Part IX of the Law of Property Act 1925, which has since been replaced by Part XVI of the Insolvency Act 1986. Text It is clear from the text of the statute that it was framed in a purposive manner. So if someone had the intention of defrauding a creditor, unless a transaction was made ''bona fide'' and for good consideration, it would be void. Historical background In 1571, Parliament enacted this statute to prohibit transfers intended to defraud creditors or impede their collection efforts. This statute, known as the Statute of 13 Elizabeth, was passed in response to the widespread use of fraudulent transactions to defeat creditors. Until the 1600s, En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency Act 1986
The Insolvency Act 1986c 45 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act have been updated by the Enterprise Act 2002 which came into enforcement on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route.Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition Those considering the main Act should also refer to the Insolvency Rules 1986 and numerous Regulations and other amending legislation since 1986, and also to the best practice whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Roman Empire, Romans as ''Londinium'' and retains its medieval boundaries.See also: Independent city#National capitals, Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national Government of the United Kingdom, government and Parliament of the United Kingdom, parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the Counties of England, counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trowbridge
Trowbridge ( ) is the county town of Wiltshire, England, on the River Biss in the west of the county. It is near the border with Somerset and lies southeast of Bath, 31 miles (49 km) southwest of Swindon and 20 miles (32 km) southeast of Bristol. The town had a population of 37,169 in 2021. Long a market town, the Kennet and Avon canal to the north of Trowbridge played an instrumental part in the town's development as it allowed coal to be transported from the Somerset Coalfield and so marked the advent of steam-powered manufacturing in woollen cloth mills. The town was the foremost producer of this mainstay of contemporary clothing and blankets in south west England in the late 18th and early 19th centuries, by which time it held the nickname "The Manchester of the West". The civil parish of Trowbridge had a population of 33,108 at the 2011 census. The parish encompasses the settlements of Longfield, Lower Studley, Upper Studley, Studley Green and Trowle Common. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mansfield CJ
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Insolvency Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1768 In Case Law
Events January–March * January 9 – Philip Astley stages the first modern circus, with acrobats on galloping horses, in London. * February 11 – Samuel Adams's circular letter is issued by the Massachusetts House of Representatives, and sent to the other Thirteen Colonies. Refusal to revoke the letter will result in dissolution of the Massachusetts Assembly, and (from October) incur the institution of martial law to prevent civil unrest. * February 24 – With Russian troops occupying the nation, opposition legislators of the national legislature having been deported, the government of Poland signs a treaty virtually turning the Polish–Lithuanian Commonwealth into a protectorate of the Russian Empire. * February 27 – The first Secretary of State for the Colonies is appointed in Britain, the Earl of Hillsborough. * February 29 – Five days after the signing of the treaty, a group of the szlachta, Polish nobles, establishes the Bar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1768 In British Law
Events January–March * January 9 – Philip Astley stages the first modern circus, with acrobats on galloping horses, in London. * February 11 – Samuel Adams's circular letter is issued by the Massachusetts House of Representatives, and sent to the other Thirteen Colonies. Refusal to revoke the letter will result in dissolution of the Massachusetts Assembly, and (from October) incur the institution of martial law to prevent civil unrest. * February 24 – With Russian troops occupying the nation, opposition legislators of the national legislature having been deported, the government of Poland signs a treaty virtually turning the Polish–Lithuanian Commonwealth into a protectorate of the Russian Empire. * February 27 – The first Secretary of State for the Colonies is appointed in Britain, the Earl of Hillsborough. * February 29 – Five days after the signing of the treaty, a group of the szlachta, Polish nobles, establishes the Bar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
