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In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004

The Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004

In re Equity and Provident Ltd: ChD 19 Feb 2002

petition presented by the Secretary of State for Trade and Industry which seeks the winding up of Equity and Provident Ltd on grounds of public interest. Judges: Patten J Citations: [2002] EWHC 186 (Ch) Links: Bailii Statutes: Insolvency Act 1986 124A, Companies Act 1985 447 Jurisdiction: England and Wales Company Updated: 18 July 2022; Ref: … Continue reading In re Equity and Provident Ltd: ChD 19 Feb 2002

Secretary of State for Business, Energy and Industrial Strategy v Vanguard Insolvency and Others: ChD 12 May 2022

Four related public interest winding-up petitions Judges: His Honour Judge Hodge, QC Sitting as a Judge of the High Court Citations: [2022] EWHC 1589 (Ch) Links: Bailii Statutes: Insolvency Act 1986, Companies Act 1985 447 Jurisdiction: England and Wales Company Updated: 09 July 2022; Ref: scu.678730

Attorney General’s Reference (No 2 of 1998): CA 10 May 1999

The requirement to explain a document in the section extended beyond explanation of the text and included its creation, authorship, accuracy, intended use, destination and significance. The questions still needed to reasonable within the investigation. Citations: Times 10-May-1999, Gazette 26-May-1999 Statutes: Companies Act 1985 447 Jurisdiction: England and Wales Company Updated: 10 May 2022; Ref: … Continue reading Attorney General’s Reference (No 2 of 1998): CA 10 May 1999

Re Walter L Jacob Ltd: CA 1989

Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989

AMG Global Nominees (Private) Ltd v SMM Holdings Ltd and Another: ChD 13 Feb 2008

Citations: [2008] EWHC 221 (Ch), [2008] 1 BCLC 447, [2008] BCC 307 Links: Bailii Statutes: Companies Act 1985 359 Jurisdiction: England and Wales Company Updated: 19 July 2022; Ref: scu.264584

In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’. Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in negligence which existed on and was breached by a company before liquidation, but where actionable … Continue reading In re T and N Ltd and Others (No 3): ChD 16 Jun 2006

Phoenix Office Supplies Limited, Parish, Ogden v Larvin: CA 12 Dec 2002

The parties were members of a company which operated as a quasi-partnership. In discussions it had been agreed that the one third partners shuld be able to require the others to purchase his interest, but no contract was signed. On the claimant wanting to leave, the others appealed an order requiring them to purchase his … Continue reading Phoenix Office Supplies Limited, Parish, Ogden v Larvin: CA 12 Dec 2002