Having waived his right to a dividend under a voluntary arrangement, a creditor could not object to its later variation to include other creditors, despite an absence of explicit power in the deed for this purpose. Waiver should have been made explicit.
Citations:
Times 14-Apr-1999, [1999] EWCA Civ 1039, [1999] 3 All ER 72
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Reid Minty (a firm) v Taylor CA 2002
New CPR govern Indemnity Costs awards
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 05 December 2022; Ref: scu.85656
