Optimise’s regular round-up of cases of interest to insolvency practitioners and solicitors.
Webb v Eversholt Rail Limited [2024] EWHC 2217 (Ch)
In a rare case, The High Court has dismissed an application by liquidators pursuant to sections 235 and 236 of the Insolvency Act 1986, which give office-holders broad powers to obtain information and documents concerning the company and its affairs.
PK Investments Limited v Sebajeevan Sabaratnam, Aleksandra Podlaska [2024] EWHC 2188 (Ch)
In another rare case, a breach of director’s duty claim was found to be suitable for summary judgment. A Director who made high risk transactions while his company was at risk of insolvency and had no paper trail to evidence what those transactions were, or to show he tried to act in the best interests of the company, was found personally liable for losses suffered by a creditor.
UK Commercial Property Finance Holdings Ltd v Cine-UK Ltd & Anor
The English Court has approved the restructuring plans of four UK companies in the Cineworld Group, binding dissenting landlord classes.
This recent judgment from the Technology and Construction Court sheds light on the time limits for bringing insurance claims and addresses when the time period starts to run.
Christopher Turnbull
A case from the Scottish Courts explores the remedy of winding up a company on just and equitable grounds, in the context of a shareholder dispute.
In the matter of Mega Gold Holdings Limited
The Hong Kong court departs from English law in its approach to arbitration clauses in insolvency cases.