Section 651 was broad enough to enable the court to order that the costs of having the dissolution of a company declared void be treated as an expense in the winding-up, notwithstanding the decision of the House of Lords in Re Toshoku Finance UK plc [2002] 1 WLR 671 that Rule 4.218 contained an exhaustive … Continue reading Unadkat and Co (Accountants) Ltd v Bhardwaj and Another: ChD 11 Oct 2006
Court has no power to continue an action abated by dissolution of company defendant. Citations: Times 30-Apr-1997 Statutes: Companies Act 1985 651 Jurisdiction: England and Wales Company Updated: 08 April 2022; Ref: scu.82116
The court may revive a dissolved company to allow a claim for personal injuries if the claimant, though out of time, had prospects of extending the limitation period. Citations: Gazette 18-Mar-1998 Statutes: Companies Act 1985 651 Jurisdiction: England and Wales Company Updated: 08 April 2022; Ref: scu.82117
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change. Held: The … Continue reading Hinds, Regina (on The Application of) v Blackpool Council: Admn 17 Mar 2011
ellinikiECJ1991 National measures adopted in order to give effect to Community rights must themselves comply with the fundamental principles of Community law: ‘With regard to Article 10 of the European Convention on Human Rights, referred to in the ninth and tenth questions, it must first be pointed out that, as the Court has consistently held, … Continue reading Elliniki Radiophonia Tileorass-AE v Plisofatissis and Kouvelas: ECJ 18 Jun 1991