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Re Eric Andrew Robinson (in Bankruptcy) [2020] EWHC 2928 (Ch)
In this case the court held, amongst other matters, that a Trustee carrying on a business of a Bankrupt can only be continued for the purpose of winding it up beneficially, which requires only a limited period of trading. View
In this case the court held, amongst other matters, that a Trustee carrying on a business of a Bankrupt can only be continued for the purpose of winding it up beneficially, which requires only a limited period of trading. View
Re Saint George Investment Holdings Ltd Manolete Partners plc v Matta and others [2020] EWHC 2965 (Ch)
An application was made for repayment of a significantly overdrawn director’s loan account (DLA) (c£1.3m) and various preference payments and TUVs. The court held that the director had breached his obligations under CA 2006 in respect of his dealings with the DLA and was liable to pay the sum sum in respect of which the DLA was overdrawn as at the date on which the Company was placed into administration. View
An application was made for repayment of a significantly overdrawn director’s loan account (DLA) (c£1.3m) and various preference payments and TUVs. The court held that the director had breached his obligations under CA 2006 in respect of his dealings with the DLA and was liable to pay the sum sum in respect of which the DLA was overdrawn as at the date on which the Company was placed into administration. View
Re Totalbrand Ltd Cage Consultants Ltd v Iqbal and another [2020] EWHC 2917 (Ch)
The applicants applied for permission to appeal against a decision of District Judge Matharu, whereby she dismissed the application by the applicants to dismiss or stay proceedings against them. Those proceedings were in relation to various rights of action including statutory rights of action (e.g. TUV and preferences) that were assigned to the respondent (CCL) by the liquidator of Totalbrand Ltd. Application REFUSED. View
The applicants applied for permission to appeal against a decision of District Judge Matharu, whereby she dismissed the application by the applicants to dismiss or stay proceedings against them. Those proceedings were in relation to various rights of action including statutory rights of action (e.g. TUV and preferences) that were assigned to the respondent (CCL) by the liquidator of Totalbrand Ltd. Application REFUSED. View
Re L & N D Development and Design Ltd Dixon v Myers and another (as administra-tors of L & N D Development and Design Ltd) [2020] EWHC 2803 (Ch)
The applicant (director and sole shareholder) applied under para 74(1)(a) sch. B1 of the IA86 for an order requiring the respondent (administrator) to assign a cause of action to her. The application was REFUSED as the applicant failed to discharge the burden of showing that there was real prospect of success in respect of the cause of action. View
The applicant (director and sole shareholder) applied under para 74(1)(a) sch. B1 of the IA86 for an order requiring the respondent (administrator) to assign a cause of action to her. The application was REFUSED as the applicant failed to discharge the burden of showing that there was real prospect of success in respect of the cause of action. View
John Doyle Construction Ltd (in liquidation) v Erith Contractors Ltd [2020] EWHC 2451 (TCC)
In this case a claim for enforcement of an adjudicator's decision by way of summary judgment under CPR Part 7, in proceedings issued by JDC, which is in liquidation, and has been since 2013 FAILED. The court set down five principles which will be applied when an insolvent party seeks to enforce an adjudicator’s award. View
In this case a claim for enforcement of an adjudicator's decision by way of summary judgment under CPR Part 7, in proceedings issued by JDC, which is in liquidation, and has been since 2013 FAILED. The court set down five principles which will be applied when an insolvent party seeks to enforce an adjudicator’s award. View
Re IT Protect Ltd (in liquidation) Bramston and another (as joint liquidators of IT Protect Ltd) v Pye and another [2020] EWHC 2473 (Ch)
The case concerned a misfeasance claim against two respondents; a de jure director of the company and a de facto director. View
The case concerned a misfeasance claim against two respondents; a de jure director of the company and a de facto director. View
Re. Sunbird Business Services Ltd [2020] EWHC 2493 (Ch)
Mr Justice Snowden has declined to sanction a scheme of arrangement due to the "paucity of information" provided by the company to the creditors ahead of the creditor vote. He also commented on the practice of lock-up agreements and highlighted concerns with the payment of lock-up fees. View
Mr Justice Snowden has declined to sanction a scheme of arrangement due to the "paucity of information" provided by the company to the creditors ahead of the creditor vote. He also commented on the practice of lock-up agreements and highlighted concerns with the payment of lock-up fees. View
Fakhry v Pagden and another [2020] EWCA Civ 1207
The appellant succeeded on his appeal against an order dismissing an application to, among other things, to set aside an ex parte order, by which three associated companies, which had been dissolved at the conclusion of their respective members' voluntary liquidations, had been ordered to be restored to the register of companies; and new (present) liquidators had been appointed. View
The appellant succeeded on his appeal against an order dismissing an application to, among other things, to set aside an ex parte order, by which three associated companies, which had been dissolved at the conclusion of their respective members' voluntary liquidations, had been ordered to be restored to the register of companies; and new (present) liquidators had been appointed. View
Re Virgin Atlantic Airways Ltd (Part 26A, CA 2006 'Restructuring Plan')
On 2 September 2020, Mr Justice Snowden decided to sanction the Restructuring Plan proposed by Virgin Alantic Airways Limited. This judgment gives the reasons behind the sanction. View
On 2 September 2020, Mr Justice Snowden decided to sanction the Restructuring Plan proposed by Virgin Alantic Airways Limited. This judgment gives the reasons behind the sanction. View
A de facto director - Secretary of State for Business, Energy and Industrial Strategy v Rahman
In this case the Secretary of State (‘SoS’) applied for a disqualification order against Mr R as a director under the Company Directors Disqualification Act 1986. However, the claim was unsuccessful and dismissed by the Court. View
In this case the Secretary of State (‘SoS’) applied for a disqualification order against Mr R as a director under the Company Directors Disqualification Act 1986. However, the claim was unsuccessful and dismissed by the Court. View
Manolete Partners Plc and Andrew Michael Riches (Note of Judgment of ICC Judge Jones)
Para. 9 - "I am satisfied that designated members will include the same duties that directors owe to limited companies as set out in the Companies Act 2006 and also as a matter of common law and equity." View
Para. 9 - "I am satisfied that designated members will include the same duties that directors owe to limited companies as set out in the Companies Act 2006 and also as a matter of common law and equity." View
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