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And it appearing that Winslow was in good credit, and had the reputation of a man of fortune, and that Llewelyn had usually remitted the produce of my lord's estate through his hands, your Lordship held, that he ought not to bear the loss, (though that was the case of a receiver, who had a salary, and therefore might, with abundantly more ...
Arbuthnot sought a declaration that Havelet Leasing Ltd, whose plane and coach hire business had gone insolvent, had defrauded its creditors by transferring its business, assets and contracts to the related Havelet Leasing Finance Ltd. Arbuthnot had financed part of Havelet's business, and it owned some of the vehicles which were leased to Havelet.
An action is not given to one who is not injured. The requirement that in most private legal actions, the person bringing the action must have been damaged in some way. [2] Actus legis nemini facit injurium: The act of law injures no one. Actus non facit reum, nisi mens sit rea: No act is punishable that is not the result of a guilty mind.
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An unsecured creditor does not have a charge over the debtor's assets. [2] The term creditor is frequently used in the financial world, especially in reference to short-term loans, long-term bonds, and mortgage loans. In law, a person who has a money judgment entered in their favor by a court is called a judgment creditor.
Soden v British and Commonwealth Holdings plc [1998] AC 298 is a UK insolvency law case, decided in the House of Lords.It decided that damages for negligent misrepresentation inducing purchase of company shares are not "sums due" to shareholders for the purpose of the Insolvency Act 1986, s 74(2)(f), so that a claim for such damages is not subordinated to claims from other creditors.
The Traitors may be a game show full of famous TV personalities, but that doesn't mean the contestants get special treatment. In fact, there's a strict set of rules the cast must follow. The ...
Cessio bonorum (Latin for a "surrender of goods"), in Roman law, is a voluntary surrender of goods by a debtor to his creditors. It did not amount to a discharge unless the property ceded was sufficient for the purpose, but it secured the debtor from personal arrest. The creditors sold the goods as partial restoration of their claims.