24 May 2013
RC Brewery Ltd v Revenue and Customs Commissioners [2013] EWHC 1184 (Ch), [2013] All ER (D) 130 (May)
As a general rule validation orders would only be made where there was no serious risk to creditors or where the court was satisfied that the company was likely to improve the position of creditors by trading at a profit. In the case of a petition to which the company had a genuine defence which it wished the raise it might be right to grant a validation order to enable the payment of lawyers to raise the defence.
