The High Court can appoint an insolvency practitioner to act in emergency in many matters. Citations: Gazette 12-Mar-1997 Statutes: Insolvency Act 1986 108(1) Jurisdiction: England and Wales Insolvency Updated: 24 July 2022; Ref: scu.81687
The company was in liquidation. Terence Venables, who had owned the shares, had taken an assignment of a cause of action against the football club. The court had set aside that assignment, and removed the liquidator. Venables now appealed saying that the court had been wrong to intervene. Held: The appeal succeeded in part. The … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: CA 21 May 1996
Application had been made for the removal of the liquidators, who sought security for their costs of defending the application. They said that the company had made several substantial payments to reduce borrowings in the time shortly before the liquidation, increasing unsecured creditors and reducing the secured creditor liabilities. The claimants said the liquidation had … Continue reading Quicksons (South and West) Limited v Katz, Kelmanson: ChD 8 Aug 2003
The insolvency practitioner held many appointments. His partnership in a large firm of accountants ended suddenly. He did not have the resources to handle the cases, and nor could acceptable arrangements be made for him to have access to the related files within the firm. An application was made by another partner in the firm … Continue reading In Re Sutton (Removal of Liquidator): ChD 17 Oct 1997
The High Court may always choose to appoint a new supervisor of a voluntary arrangement. Citations: Times 03-Mar-1997 Statutes: Insolvency Act 1986 108(1) Jurisdiction: England and Wales Insolvency Updated: 17 June 2022; Ref: scu.82310
Action for order removing liquidators Judges: Purle QC J Citations: [2010] EWHC 3676 (Ch) Links: Bailii Statutes: Insolvency Act 1986 108 Jurisdiction: England and Wales Insolvency Updated: 10 June 2022; Ref: scu.430493
(Cayman Islands) The Board was asked whether a debtor or alleged debtor of a company in liquidation can apply for the removal of a liquidator, in whom the creditors and contributors of the company appear to have confidence, on the ground that he is subject to a conflict of interest. Held: A debtor does not … Continue reading Deloitte and Touche Ag v Johnson and Another: PC 10 Jun 1999
The court considered an application under section 108 to remove the liquidator, and reviewed the case law on the topic: ‘The section authorises the court to remove the liquidator ‘on cause shown’. That is not the same as saying ‘if the court shall think fit’. There is a burden on the applicant to show why … Continue reading In re Keypak Homecare Ltd: ChD 1987
Applications were made for the removal of a liquidator from several appointments in corporate nd individual insolvencies. He had been a partner in a firm and that had ceased in a way which left it impossible to work with his former partners to perform his duties. Held: The appointments were personal, and the only practical … Continue reading In Re A and C Supplies Limited: ChD 17 Oct 1997
A creditor sought an order to replace the company liquidator. Held: Such orders were discretionary, but courts should not grant them too readily. It was for the applicant to show good reason for the order. The circumstances would vary widely, and the court should not try to delimit the kind of situations where an application … Continue reading AMP Enterprises Ltd v Hoffman and Another: ChD 25 Jul 2002
Application to appoint new liquidators . .
The court does not have power to order the payment of a liquidator’s costs which had not been properly incurred. The costs of unsuccessful litigation were not recoverable in priority to a secured creditor in priority to the charge. As to rule 7.47(1) of the Rules: ‘But, since the point has been raised and may … Continue reading Mond and Another v Hammond Suddards and Another: CA 15 Jun 1999
This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011
Separate applications were made by liquidators of companies in variously voluntary or compulsory liquidation and otherwise. Judges: Chadwick J Citations: [1995] 2 BCLC 594 Statutes: Insolvency Rules 4.108 6.126 Jurisdiction: England and Wales Citing: Followed – Re Bridgend Goldsmiths Limited and Others ChD 1995 The High court may not exercise its jurisdiction under section 263 … Continue reading In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex parte Betts: ChD 1995
The company Edennote had been wound up on insolvency. It had a possible claim for fees against Tottenham, owned by Mr Sugare. The shareholder, Terry Venables, took an assignment of that action. An application was made to set aside the assignment and to remove the liquidator. Held: The application succeeded. The assignment of the action … Continue reading In Re Edennote Ltd; Tottenham Hotspur plc v Ryman: ChD 1 Nov 1994
Various applications were made in the insolvency, including for removal of the liquidators and declarations that certain payments were a fraudulent preference on the creditors. Held: No prejudice had been shown by any procedural irregularity. Other creditors should be able to see that there is a proper investigation of relevant matters relating to inter-company transfers, … Continue reading Quickson (South and West) Limited v Stephen Mark Katz, John Stephen Kelmanson (As Joint Liquidators of Buildlead Limited): ChD 25 Aug 2004
The former bankrupt resisted sale of his property by the trustee, saying that enforcement was barred by limitation. He and his wife bought the property in early 1988, and he was made bankrupt in October 1988. He was dischaged from bankruptcy in October 1991. In December 1990 the court answered an application for the sale … Continue reading Gotham v Doodes: CA 25 Jul 2006
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Liquidator confirmed despite VAT challege The Revenue sought the winding up of the company for non-payment of substantial arrears of VAT. The revenue had declined to allow VAT input claims. The company said that the petition was wrong since the debt was genuinely disputed. Held: The decision to appoint the provisional liquidator was maintained. The … Continue reading Revenue and Customs v SED Essex Ltd: ChD 14 Jun 2013
The trustee in bankruptcy had retired and an order made for the block transfer of the assets to the new trustee. The bankrupt objected and now appealed against the refusal to set the transfer aside.
Held: Section 303(2) allowed the court to . .
