header-logo header-logo

30 July 2010
Issue: 7428 / Categories: Case law , Law digest
printer mail-detail

Insolvency

Picard v FIM Advisers LLP [2010] EWHC 1299 (Ch), [2010] All ER (D) 216 (Jul) Chancery Division, Companies Court Kitchin J 27 May 2010

Article 21(1)(d) of Sch 1 to the Cross-Border Insolvency Regulations 2006, (SI 2006/1030) (the CBIR), had both a jurisdictional and a discretionary component. The court had to be satisfied that the information sought concerned the debtor’s assets, affairs, rights, obligations or liabilities. If it was so satisfied then it had a discretion to order the delivery of that information. In exercising that discretion it had to have regard to all relevant circumstances and ensure that the interests of the person against whom the order was sought were adequately protected.

When considering whether to make an order under Art 21 of Sch 1 to the CBIR, it was appropriate for the court to have regard to the principles upon which the court would exercise its powers under ss 236 and 366 of the Insolvency Act 1986. The relevant principles in such circumstances were:

(i) the power was conferred to enable the office holder to discover the true facts concerning the affairs of the company so

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