Recent content by Gyumri

  1. Gyumri

    Insolvency Act claims

    I think you are reading it out of context. The limitation Act under 8 or 9 has no application to unfair prejudice petitions simply because such actions are not actions on a specialty. So whether a petitioner is claiming money is irrelevant as far as the LA80 is concerned. I will look again at...
  2. Gyumri

    Insolvency Act claims

    The appeal was because Lewison LJ in the CoA stated that there WAS a limitation which was determined by the nature of the relief sought - whether 12 years under s8(1) or 6 years under 9(1) of the LA80. That decision overturned the received wisdom of many years that there was NO limitation period...
  3. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    I agree but I didn't think that was the point of our debate, which was whether the TIB was in possession by merely being the beneficiary. So we are singing from the same hymn book even if we are not singing the same hymn.
  4. Gyumri

    IP licensing in a multi-company setup

    Ir sounds like you need a solicitor to draft a licensing agreement. I cant see how a client list can be licensed but most things could be. It is not something that can be addressed easily on a general basis.
  5. Gyumri

    Insolvency Act claims

    The judgment applies equally to claims under the IA86 and refers to Hill v Spread Trustee Co as I recall - a s423 claim brought by Mr Nurkowski's TIB. The point now established is that claims brought by mere reliance upon a statute is not sufficient to say that they are actions upon a specialty...
  6. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    The TIB may be the beneficial owner and would be entitled to claim posession but it is the OP who is in fact and in law in possession of the property unless he gave possession to the TIB by giving him the keys to the property.
  7. Gyumri

    Insolvency Act claims

    Claims under the Companies Act and the IA86 - like a.423 - were always considered to be an action on a specialty with a 12 year limitation period thanks to S.8(1) of the Limitation Act 1980. Not any more. They are not actions upon a specialty and hence there is no statutory time limit for...
  8. Gyumri

    Insolvency Act claims

    It looks like there is no time limit now for liquidators to bring claims under the IA Act 1986 subject only to the docrines of acquiescence and laches. See THG Plc v Zedra Trust Company [2026] UKSC 6
  9. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    A TIB has no right to possession of a property until that right is established by an order for possession. If the OP didn't give possession of the property to the TIB then he remained in possession of the property. The rules quoted above will then show the pecking order for council tax purposes.
  10. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    You are right. But in this case the TIB never obtained a court order and so never obtained possession - the TIB in fact disclaimed the peoperty. Until the mortgagee obtained possession the OP was in possession. So did he have a liability to pay council tax during that period? That is the question!
  11. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    The TIB will only be in possession if the keys of the property were handed over as an empty property. A TIB does not have any automatic right to possession unless established by a court order for possession. If the OP retained the keys to the property then he continued to be in possession and...
  12. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    eteb3: is correct except the op was entitled to retain possession and did retain posession until the mortgagee stepped in with a posession order. So he would have been liable for council tax even though the property was left empty. What is your view?
  13. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    No. He would have needed an order for possession or had he taken possession or control of the property by changing the locks to exclude the OP then he or she as the TIB would have been liable for council tax.
  14. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    Read the full hierarchy which applies where a property is empty: the OP was not resident but was legally in possession of the property. He could have occupied it. The liability defaults to him. The OP also seems to have continued to own his property, as the TIB disclaimed it.
  15. Gyumri

    Council tax AFTER bankruptcy and disclaimer?

    Sorry to differ with the above posters but the council is right. The TIB never at any time took possession or control. You were never excluded. They never changed the locks etc. The mortgagee now has a possession order and is liable - but you are liable up until then. However, the council cannot...
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