header-logo header-logo

13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
printer mail-detail

Insolvency

Re GP Aviation Group International (in liquidation) Ltd Williams v Glover and another [2013] EWHC 1447 (Ch), [2013] All ER (D) 41 (Jun)

The question arose in proceedings between the liquidators and former directors of a company as to whether the right to appeal against a tax liability constituted the ‘property’ of the company. Consideration was given to s 436 of the Insolvency Act 1986. The court ruled, first, that the classical definition of a chose in action was that it described “all personal rights of property which could only be claimed or enforced by action and not by taking physical possession.” A bare right to appeal against what would otherwise be a liability did not satisfy that definition. Secondly, the authorities maintained a distinction between a chose and the remedies available for its enforcement. The right to a remedy was an incident of the ownership of the chose. It was not something that was capable of being sold or assigned separately from the right to which it related. The right of appeal was a right conferred on the company by statute by reason of it having been

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll