Site icon swarb.co.uk

Re Case of Taff Wells Ltd: 1992

The court considered whether the liquidation of a company stopped time running for insolvency purposes: ‘One may conclude that the effect of an order to wind up is to convert the contractual rights of the creditors into proprietary rights under a trust. It may still be necessary and appropriate for a creditor to bring an action after the liquidation for the purpose of elucidating his original contractual rights, for which purpose he would have to get leave; but it is not necessary for the purpose of stopping time running against him in relation to his erstwhile contractual rights.’

Judges:

HH Judge Baker QC

Citations:

[1992] BCLC 11

Jurisdiction:

England and Wales

Cited by:

CitedUltraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Limitation, Insolvency

Updated: 01 July 2022; Ref: scu.230354

Exit mobile version