The court considered the application of ‘the bankruptcy template of section 382 to the rules governing the winding up of companies’.
Held: The phrase ‘obligation incurred’ in Rule 13.2(1)(b) was inapt to describe a common law duty of care in negligence which existed on and was breached by a company before liquidation, but where actionable damage occurred only after the commencement of the liquidation.
Para (a) is concerned with liabilities to which the company ‘is subject’ at the date of the insolvency event, whereas para (b) is directed to those liabilities to which it ‘may become subject’ subsequent to that date, and that there is no overlap between these two categories.
Judges:
David Richards J
Citations:
[2006] EWHC 1447 (Ch), [2006] 1 WLR 1728, [2007] 1 All ER 851, [2007] Bus LR 1411
Links:
Statutes:
Companies Act 1985 425, Insolvency Rules 1986 13.2(1)(b)
Jurisdiction:
England and Wales
Citing:
Applied – In re Sutherland, dec’d; Winter v Inland Revenue Commissioners HL 1963
The concept of a contingent liability was considered.
Held: In Scots law, a contingent liability is a liability which, by reason of something done by the person bound, may or may not arise depending on the happening of a future event.
Cited by:
Cited – Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine CA 11-Jun-2008
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act . .
Cited – Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others SC 28-Mar-2012
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
Cited – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Lists of cited by and citing cases may be incomplete.
Company, Insolvency
Updated: 03 June 2022; Ref: scu.242578
