High Court dismisses allegations over administrators’ conduct – OUT-LAW.com

Posted April 16th, 2021 in administrators, chambers articles, insolvency, liquidators, news by tracey

‘The High Court of England and Wales has dismissed a claim brought by the liquidators of One Blackfriars Limited against its former joint administrators over the sale of the company’s main asset, a development site in Blackfriars, London.’

Full Story

OUT-LAW.com, 15th April 2021

Source: www.pinsentmasons.com

QC’s opinion “crudely altered” to mislead third party, court finds – Legal Futures

‘A QC’s opinion was dishonestly altered to reassure a third party charged with marketing an investment scheme that eventually collapsed, the High Court has found.’

Full Story

Legal Futures, 7th April 2021

Source: www.legalfutures.co.uk

Time isn’t on your side and resolving old disputes is never easy – Practical Law: Construction Blog

‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’

Full Story

Practical Law: Construction Blog, 29th September 2020

Source: constructionblog.practicallaw.com

Commercial Court dislikes pre-action disclosure in prof neg claims: even in mega-auditor’s negligence action – Hailsham Chambers

‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’

Full Story

Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

High Court rejects attempt to adjourn £250m trial because of virus – Litigation Futures

‘The High Court has rejected an application to adjourn a five-week trial of a £250m insolvency claim because of the coronavirus pandemic.’

Full Story

Litigation Futures, 9th April 2020

Source: www.litigationfutures.com

In the matter of Comet Group Limited (in Liquidation) [2018] EWHC 1378 (Ch) – Wilberforce Chambers

Posted February 11th, 2020 in administrators, disciplinary procedures, liquidators, news by sally

‘This judgment is an important one. It concerned an application by the joint liquidators of Comet (formerly joint administrators) for directions permitting them not to carry out any further investigation into the validity of the fixed and floating charge held by a single purpose vehicle (“HAL”) that had been granted by Comet under a year before it collapsed into administration. The joint liquidators also sought a direction that they be permitted to transfer a further tranche of funds to HAL that had been realised in the administration.’

Full Story

Wilberforce Chambers, 5th February 2020

Source: www.wilberforce.co.uk

Liquidator’s firm liable for opponent’s costs after funding litigation – OUT-LAW.com

Posted January 13th, 2020 in company directors, costs, insolvency, limitations, liquidators, news, third parties by tracey

‘The High Court has characterised a liquidator’s firm as a real party to the litigation which it funded as it stood to make financial gain from the action and was therefore found not to be a pure funder facilitating access to justice.’

Full Story

OUT-LAW.com, 10th January 2020

Source: www.pinsentmasons.com

Adjudication and insolvency – guidance from the Court of Appeal – Practical Law: Construction Blog

‘Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), it was a summer to remember.’

Full Story

Practical Law: Construction Blog, 6th February 2019

Source: constructionblog.practicallaw.com

Court uses correspondence to clarify settlement wording – OUT-LAW.com

Posted June 6th, 2018 in drafting, insolvency, liquidators, news by tracey

‘Companies and lawyers must be clear and unambiguous when drafting settlement agreements, a court ruling has reminded them. A liquidator had to drop some claims after a court used correspondence to clarify exactly what was meant by the phrase “whole of the claim” in a compromise agreement. The ruling does not affect the liquidator’s claim against another person because she was not mentioned in the correspondence.’

Full Story

OUT-LAW.com, 5th June 2018

Source: www.out-law.com

High Court: up to directors to prove they took ‘every step’ to minimise potential loss to creditors – OUT-LAW.com

Posted August 10th, 2015 in bankruptcy, company directors, fraud, insolvency, interpretation, liquidators, news by sally

‘It is up to the directors of an insolvent company to prove that they took “every step” to minimise the potential loss to creditors as soon as they knew that the company could not reasonably avoid liquidation, the High Court has confirmed.’

Full story

OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Resolving the rules of insolvency – 11 Stone Buildings

Posted July 28th, 2015 in appeals, consent, costs, cross-claims, insolvency, liquidators, news, winding up by sally

‘Restructuring & Insolvency analysis: In what ways has Re Kingstons Investments Ltd shed light on longstanding ambiguities in the Insolvency Rules 1986? Jamie Riley, commercial litigator at 11 Stone Buildings, explores the case and explains why the final decision will be so important for insolvency lawyers.’

Full story

11 Stone Buildings, June 2015

Source: www.11sb.com

Important judgment on liquidators’ ability to obtain documents – RPC Commercial Disputes Blog

Posted March 13th, 2015 in disclosure, documents, Hong Kong, liquidators, news, winding up by sally

‘In an important judgment handed down recently by the Court of First Instance in Hong Kong, the companies judge has ruled on the ambit of the power to order a person to produce documents to a provisional liquidator pursuant to section 221(3) of the Companies (Winding-Up and Miscellaneous Provisions) Ordinance.(1) For now and pending any appeal, the judgment confirms that the scope of documents “relating to the company” that have to be produced to a liquidator (pursuant to section 221(3) of the Ordinance) is narrower than the matters in respect of which a person can be examined on oath concerning the “affairs of the company” (sections 221(1) and (2)). In so doing, the judgment gives a more literal interpretation of the power to order production pursuant to section 221(3) without reference to section 221(1).’

Full story

RPC Commercial Disputes Blog,

Source: www.rpc.co.uk

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners – WLR Daily

Posted February 11th, 2015 in damages, injunctions, law reports, liquidators, winding up by sally

Abbey Forwarding Ltd (in liquidation) v Revenue and Customs Commissioners [2015] EWHC 225 (Ch); [2015] WLR (D) 53

‘The undertaking in damages given on the appointment of a provisional liquidator did not automatically terminate on the making of a winding up order so as to deprive the court of jurisdiction to enforce the undertaking by ordering an inquiry as to damages.’

WLR Daily, 6th February 2015

Source: www.iclr.co.uk

Modified Universalism – Privy to Singular Clarification – RPC Commercial Disputes Blog

Posted January 27th, 2015 in Hong Kong, insolvency, liquidators, news, privacy, winding up by sally

‘While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas. As more and more businesses expand globally and corporate structures become equally more complex, the liquidators’ task becomes more problematic in winding up such companies.’

Full story

RPC Commercial Disputes Blog,

Source: www.rpc.co.uk

Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com

Posted July 9th, 2014 in appeals, hotels, liquidators, news, Scotland, Supreme Court by sally

‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’

Full story

OUT-LAW.com, 8th July 2014

Source: www.out-law.com

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) – Supreme Court

Posted July 3rd, 2014 in appeals, hotels, insolvency, law reports, liquidators, Scotland, Supreme Court by sally

Henderson (Respondent) v Foxworth Investments Limited and another (Appellants) [2014] UKSC 41 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

High Court restricts litigation privilege but gives pointers for future applications, says expert – OUT-LAW.com

Posted September 17th, 2013 in documents, liquidators, news, privilege by sally

“OPINION: It will be harder than ever for companies to keep certain kinds of documents from being opened up to scrutiny after a recent High Court decision. The ruling does, however, give helpful guidance on what organisations have to do to secure and maintain litigation privilege.”

Full story

OUT-LAW.com, 16th September 2013

Source: www.out-law.com

Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

Full story

Technology Law Update, 2nd September 2013

Source: www.technology-law-blog.co.uk

Subject access – important new high court judgment – Panopticon

Posted August 9th, 2013 in data protection, liquidators, news by sally

“It is a strange feature of the DPA subject access regime that, despite having extremely far reaching legal effects, to date it only rarely been the subject of judicial analysis. This is in no small part because the costs of bringing disputes over the application of the legislation before the courts are generally prohibitive. As readers of this blog will know, there have been some fairly recent county court judgments which have considered the application of the regime (see in particular the posts on the judgments in Elliott and Abadir here and here). However, jurisprudence emanating from the High Court has been decidedly thin on the ground. Today however the High Court has handed down an important judgment on the application of the regime: In the Matter of the Southern Pacific Personal Loans Limited [2013] EWHC 2485 (Admin). Readers will want to note in particular that part of the judgment where the court considered the relevance of the applicant’s purpose or motive in making a subject access request (SAR) – as discussed below.”

Full story

Panopticon, 8th August 2013

Source: www.panopticonblog.com