Pantiles Investments Limited & Anor v Winckler [2019] EWHC 1298 (Ch)
Background
The Liquidator of the Pantiles Investments Limited (Company) brought a claim (among others) for fraudulent trading against its former director, Ms Winckler. The claim related to a property transaction involving Ms Winkler, an associate (Mr Goldbart) and the Company. In summary, the transaction was as follows:
Last year the Technology and Construction Court (TCC) held that a company in liquidation cannot refer a dispute to adjudication in circumstances where there are claims by a company in liquidation and cross claims by the other party1.
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From time to time the statutory rights available to parties to construction contracts appears to come into conflict with other sets of provisions that also claim to govern the same areas of dispute. Perhaps the best known such clash, between adjudication and the effect of insolvency, was that explored in the Scottish case of Melville Dundas Limited (in Receivership) v George Wimpey UK Limited[1] in 2007.
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