Category Archives: Liquidation

Burnden v Fielding [2018] UKSC 14: directors’ duties and limitation

Judgment on BAILII at: http://www.bailii.org/uk/cases/UKSC/2018/14.html A significant Supreme Court decision relating to claims brought against directors. Background The Respondent, Burnden Holdings (UK) Limited (“the Company”), was a holding company for various trading subsidiaries. The Appellants were directors of the Company. … Continue reading

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Premier Motorauctions v PwC [2017] EWCA Civ 1872: claims brought by companies in liquidation and security for costs

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1872.html Premier Motorauctions and a wholly-owned subsidiary (“the Companies”) were car auction companies. In 2008, they were suffering financial difficulties. Lloyds Bank was their banking provider. PwC was engaged to conduct a review of the Companies’ … Continue reading

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Ball v Hughes [2017] EWHC 3228 (Ch): directors’ duties, EBTs, unjust enrichment and the Duomatic principle

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/3228.html PV Solar Solutions Ltd (“the Company”) was in the business of supplying and installing solar panels. In September 2011, the government announced that feed in tariff rates (a form of government subsidy) for solar installations … Continue reading

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Nicholson v Fielding (Chancery Division, 2017): wrongful trading

Judgment on Lawtel at: https://www.lawtel.com/UK/Searches/4320/AC5000095 The liquidators of Main Realisations Limited (“the Company”) brought a wrongful trading claim against its former directors. The Company was in the business of car transportation. Wrongful trading claims are brought pursuant to section 214 … Continue reading

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Global Corporate Limited v Dirk Hale [2017] EWHC 2277 (Ch): directors, salaries, payments, ultra vires dividends, transactions at an undervalue, preferences

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/2277.html The assignee (“GC”) of certain claims from a liquidator brought claims against a former director and shareholder (“DH”) of the company in liquidation. As is often the case in small companies, DH and his fellow … Continue reading

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Stevensdrake v Hunt [2017] EWCA Civ 1173: recoveries-only fees, implied terms and estoppel by convention

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1173.html A firm of solicitors (“SL”) appealed the judgment of HHJ Simon Barker QC who found that an insolvency practitioner (“SH”) was only liable for legal fees if recoveries were made from certain litigation that was … Continue reading

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Officeserve v Anthony-Mike [2017] EWHC 1920 (Ch): section 127 IA 1986 (post-presentation dispositions)

Judgment on BAILII at: http://www.bailii.org/ew/cases/EWHC/Ch/2017/1920.html A winding-up petition was presented against a company (“the Company”). Subsequent to the date of presentation, the Company removed one of its directors (“D”). D and the Company entered into a settlement agreement. D gave … Continue reading

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