In re Progress Assurance Co Ex parte Liverpool Exchange Co: CA 1870

Where offices had been let to a company which was ordered to be wound up by the Court, a distress was subsequently put in for rent by the lessors, under which the office furniture was seized.
Held: as possession of the offices had not, in the opinion of the Court, been retained for the purpose of the company’s business, the distress was illegal under s. 163 of the Companies Act, 1862, and that the lessors were only entitled to prove for the amount due to them.
The lessors of a company in liquidation levied a distress for unpaid rent upon its office furniture three months after the winding up order. A distress after the winding up order would be allowed to proceed only where the company ‘has retained not merely formal but actual possession of the property for the purpose of carrying on the business of the liquidation . .’

Lord Romilly MR
(1870) LR 9 Eq 370, [1870] UKLawRpEq 101
England and Wales
Cited by:
FollowedIn re Lundy Granite Co; Ex parte Heavan CA 1871
The landlord of Lundy Island, which was let to a third party, distrained upon goods of the company which had been left upon the tenant’s property. The distraint was for rent which had fallen due more than a year after the winding up order. The . .
CitedKahn 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.

Company, Insolvency, Landlord and Tenant

Updated: 18 December 2021; Ref: scu.190094