In Ebert Construction Ltd v Sanson [2016] NZHC 472, the High Court awarded costs to liquidators after a statutory demand issued by the liquidators had been set aside by consent. The reasons were as follows:
The Supreme Court has recently denied leave to appeal a judgment concerning the application of the continuing business relationship to voidable transactions under section 292(4B) of the Companies Act 1993.
In Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd [2013] UKPC 2, the Privy Council held that a borrower may claim relief from forfeiture notwithstanding that the forfeited security has been appropriated by the lender in satisfaction of a debt.
The UK Court of Appeal has held that legal privilege outlasts the dissolution of a company in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600.
Legal advice privilege applies to communications between a client and its lawyers. The general rule is that those communications cannot be disclosed to third parties unless and until the client waives the privilege.
In Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2019] EWHC 2890 the Secretary presented petitions under s 124A of the Insolvency Act 1986 to wind up two companies on public interest grounds. These companies were PAG Asset Preservation Limited and MB Vacant Property Solutions Limited (the Companies).
The Privy Council has rejected an attempt to block a cross-border liquidation on procedural grounds in UBS AG New York v Fairfield Sentry [2019] UKPC 20.
In Raithatha v Williamson [2012] EWHC 090 Ch, the English High Court was asked to decide whether a bankrupt’s entitlement to a pension, which he had not yet elected to receive, should be subject to an order for income payment.
As noted in our July 2010 newsletter, lawyers are not immune from the recession.
In the English High Court case of Revenue and Customs Commissioners v Football League Ltd (Football Association Premier League Ltd intervening) [2012] EWHC 1372 (Ch); [2012] WLR (D) 163, HM Revenue and Customs (HMRC) brought a general challenge to the "football creditors rule".
This case considered the validity of the appointment of administrators in circumstances in which the administrators had not received consent from the Financial Services Authority (the FSA) to act.