header-logo header-logo

27 February 2009 / Peter Hungerford-welch
Categories: Case law , Law digest , In Court
printer mail-detail

Insolvency

Tagore Investments SA v Official Receiver [2009] All ER (D) 63 (Jan)

In exercising its discretion under s 346(6) of the Insolvency Act 1986, the court must have regard to the extent to which, and the reasons for which, the enforcement of the judgment had been frustrated. The emphasis should be on post-judgment events. However, prejudgment events might be considered if they enable the court to draw an inference as to the motivation behind postjudgment events that might otherwise not be a proper inference to draw. The jurisdiction under s 346(6) should be exercised only in exceptional cases. The applicant must establish that the events which have happened have generated sufficient unfairness to generate an exception in his favour.

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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

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

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll