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
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
