header-logo header-logo

Company

18 January 2013
Issue: 7544 / Categories: Case law , Law digest , In Court
printer mail-detail

Tallington Lakes Ltd and another v Ancasta International Boat Sales Ltd [2012] EWCA Civ 1712, [2013] All ER (D) 14 (Jan)

It was settled law that, if a company could demonstrate that the alleged debt on which a petition was founded was genuinely disputed on substantial grounds, the court would strike out the petition. The principle was essentially a statement of general practice. A petitioner had to establish its standing to present a winding-up petition. Those with standing were defined for the present purposes by s 124 of the Insolvency Act 1986 and included any creditor or creditors. Where the company disputed any liability to a person petitioning as a creditor, it was taking issue with the petitioner’s standing to present the petition. It would, in theory, be open to the court dealing with the winding-up petition to try that issue itself, as in effect a preliminary issue. However, for at least three sound reasons, that was not the practice of the court: (i) it was not the function of the Companies Court to try disputed debt claims; (ii) the threat of winding-up proceedings could otherwise be used

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll