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Insolvency – Bankruptcy – Balancing of accounts in bankruptcy. Sheriff Court: In a commercial action in which the pursuer sued for payment of three liquid sums the defender had agreed to pay in settlement of three payment protection insurance (PPI) claims by the pursuer against it, and which the defender now refused to pay, arguing it was entitled to withhold payment of the liquid sums and to set them off against greater alleged indebtedness said to be due by the pursuer to it under loan contracts entered into many years earlier—in the period between the dates of the loan contracts and related PPI sales (in 1997 and 2003) and the dates of the PPI agreements (in 2014) the pursuer having become insolvent and granted a trust deed in favour of her creditors, the defender having submitted claims in the trust deed for payment of roughly the same aggregate indebtedness now founded upon by way of set‑off, the pursuer's trustee having adjudicated on those claims, the defender having received payment of dividends on the claims and, in 2012, the pursuer having been discharged from the trust deed—the court held that the defender was entitled to plead set-off by application of the principle of balancing of accounts in bankruptcy.
Insolvency – Bankruptcy – Balancing of accounts in bankruptcy. Sheriff Court: In a commercial action in which the pursuer sued for payment of three liquid sums the defender had agreed to pay in settlement of three payment protection insurance (PPI) claims by the pursuer against it, and which the defender now refused to pay, arguing it was entitled to withhold payment of the liquid sums and to set them off against greater alleged indebtedness said to be due by the pursuer to it under loan contracts entered into many years earlier—in the period between the dates of the loan contracts and related PPI sales (in 1997 and 2003) and the dates of the PPI agreements (in 2014) the pursuer having become insolvent and granted a trust deed in favour of her creditors, the defender having submitted claims in the trust deed for payment of roughly the same aggregate indebtedness now founded upon by way of set‑off, the pursuer's trustee having adjudicated on those claims, the defender having received payment of dividends on the claims and, in 2012, the pursuer having been discharged from the trust deed—the court held that the defender was entitled to plead set-off by application of the principle of balancing of accounts in bankruptcy.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
The appointments of 96 new King’s Counsel (also known as silk) are announced today
Ready for the new way to do tax returns? David Southern KC continues his series explaining the impact on barristers. In part 2, a worked example shows the specific practicalities of adapting to the new system
Resolution of the criminal justice crisis does not lie in reheating old ideas that have been roundly rejected before, say Ed Vickers KC, Faras Baloch and Katie Bacon
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
