Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had been commenced without leave. The words used in s.130(2) of the Insolvency Act 1986 were, in their historical … Continue reading In re Saunders (A Bankrupt): ChD 1997
Proceedings were brought in England. The respondents sought a stay, saying the company was subject to insolvency proceedings in Germany. Held: Our domestic insolvency law was not applicable to foreign proceedings, and so could not be used to order a stay of proceedings here. (a) the English court has jurisdiction to determine Apex’s claim for … Continue reading Mazur Media Limited and Another v Mazur Media Gmbh in Others: ChD 8 Jul 2004
Companies Court application under s. 130(2) of the Insolvency Act 1986 for permission to commence proceedings against the respondent, which is a limited liability partnership in liquidation. The application is in effect to join the respondent to proceedings which have already been commenced in the Commercial Court. Judges: Proudman J Citations: [2009] EWHC 1901 (Ch) … Continue reading Bourne and 101 Othes v The Charit-Email Technology Partnership Llp: ChD 23 Jul 2009
The claimant company sought leave whilst in administration to bring arbitration proceedings against the defendant insurers. Held: In exercising the discretion given by the section, the court had only to decide whether the claim was so bad that it would be a waste of resources to allow it to proceed to arbitration. It was the … Continue reading Enron Metals and Commodity Ltd (in Administration) v HIH Casualty and General Insurance Limited: ChD 10 Mar 2005
Section 130(2) of the 1986 Act gives the court the freedom to do what is right and fair in all the circumstances. Citations: [2002] 2 BCLC 228, [2002] EWCA Civ 300 Links: Bailii Statutes: Insolvency Act 1986 130(2) Jurisdiction: England and Wales Insolvency, Insurance Updated: 23 June 2022; Ref: scu.216828
The applicant company obtained an injunction against another company. That freezing injunction was discharged upon the payment of a sum into the names of the respective parties’ solicitors. The company went into liquidation, and the claimant disputed ownership of the sum with the provisional liquidators. Held: The deposit of the sum was insufficient to create … Continue reading Edwards, Drummond Smith v Flightline Limited: CA 5 Feb 2003
