How much reliance can an officeholder place on a members register? Can he or she assume that it is conclusive evidence of the record that details a company’s members? In this case, the Court of Appeal had to consider these questions when it looked at an earlier decision by a High Court judge who had … Read more
It is not sufficient for an office-holder merely to assert that they are entitled to documents under the Insolvency Act 1986 without providing evidence of a reasonable requirement for those documents. This decision shows that while the Insolvency Act provides office-holders with broad powers to obtain documents and information for the purposes of investigating the … Read more
Did enforcing foreign judgments by winding up just get easier? In this case, the court held that insolvency proceedings were not an “action on a judgment” for the purposes of section 24 of the Limitation Act 1980. This meant that they did not fall within the scope of the Limitation Act, and nor was there … Read more
A director’s breach of his fiduciary duty occurred by his ignoring the fact of liquidation of the company of which he was a director, and of the resulting termination of his powers, and instead causing the company to transfer away its shares to a knowing recipient. In the present case, a Saudi Arabian sheikh, who … Read more
Internet Protocol Addresses – fixed or floating charge? The question which arose in this case, and on which the liquidator required the court’s direction, was whether the security granted by UKCloud Limited was a fixed charge or a floating charge. The reason that the liquidator felt he needed assistance on this question was probably because the label … Read more
This case has implications in matters where the parties attempt to avoid liability for business rates by using corporate vehicles. The main question posed in this case was whether certain development companies bore any liability to pay non-domestic rates to the council on empty properties that had been leased by those development companies to special … Read more
