13 April 2010 ~ 0 Comments

Shock decision by Court of Appeal

Case Law Update –Enviroco Limited v Sartad Supply A/S –The meaning of “Subsidiary”
Considered by many as a shock decision, the Court of Appeal have handed down Judgment on the meaning of a subsidiary under sections 736 and 736A of the Companies Act 1985 (now section 1159 of the Companies Act 2006).
Facts
The case was concerned about [...]

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02 March 2010 ~ 0 Comments

Disputing the Debts

Disputed Debts – Can the Debtor Company be Wound Up?
It is a legal truism a Winding Up Petition will be dismissed if there is a genuine dispute between a debtor and the petitioning creditor.
However there is Case Law that confirms that the Court does have discretion in exceptional circumstances to place a company [...]

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