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Company

10 March 2017
Issue: 7737 / Categories: Case law , Law digest , In Court
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Re Burnden Group Ltd; Fielding and another v Hunt (acting as Liquidator of the Burnden Group Ltd) [2017] EWHC 406 (Ch), [2017] All ER (D) 29 (Mar)

The Chancery Division ruled that a liquidator of a company was not personally liable to pay the costs of the applicants’ successful appeal, under r 4.83 of the Insolvency Rules 1986 (SI 1986/1925), against the rejection of their proof of debt in respect of a company. The court held that a finding that a liquidator had been acting for his personal advantage in relation to an appeal against a proof of debt ought to lead to the liquidator being ordered personally liable to pay the costs of unsuccessfully resisting the appeal, but that something more than merely unsuccessfully resisting an appeal was needed for the court to make an order for personal liability. The court found that there was no question of the liquidator having acted for his personal advantage in the present case and that the appropriate order, taking account of the fact that the applicants’ conduct had caused an

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

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Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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