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06 June 2014
Issue: 7609 / Categories: Case law , Law digest , In Court
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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.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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