header-logo header-logo

06 June 2014
Issue: 7609 / Categories: Case law , Law digest , In Court
printer mail-detail

Insolvency

Revenue and Customs Commissioners v Winnington Networks Ltd and another company [2014] EWHC 1259 (Ch), [2014] All ER (D) 207 (May)

The principles upon which to proceed in dealing with without notice applications for the appointment of provisional liquidators were, first, the appointment of a provisional liquidator was a most serious step and should be the subject of most anxious consideration. Second, the application was without notice and needed to be justified by exceptional circumstances. A judge should not entertain an application of which no notice had been given, unless either giving notice would enable the defendant to take steps to defeat the purpose of the remedy or there had been, literally, no time to give notice. Third, it was not a trial of the petition itself and, accordingly, it was proceeded upon a provisional and interim basis. Fourth, it was for the petitioner to show that it was likely to obtain a winding-up order on the hearing of the petition. That involved demonstrating that the petitioner was entitled to present the petition and that a material part of the petition debt was not capable of serious dispute.

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