A costs order made against liquidators arising from proceedings they had taken, will usually have priority over the general expenses of the action. The list of expenses said nothing about the costs of litigation incurred by the liquidator or awarded against him. Costs awarded to a successful litigant had been recoverable in priority to the general costs of the liquidation. Rule 31 of the 1890 Insolvency rules did not change this practice.
Judges:
Vaughan-Williams J
Citations:
[1895] 1 Ch 758
Jurisdiction:
England and Wales
Cited by:
Cited – Digital Equipment Co Ltd and Others v Bower and Others ChD 4-Dec-2003
The liquidators had lost their legal action, and had been ordered to pay the present claimants their costs. They sought payment out of an insolvency services account in competition with the solicitors for the liquidators.
Held: An award of . .
Cited – Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc HL 20-Feb-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 29 April 2022; Ref: scu.190088