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10 March 2017
Issue: 7737 / Categories: Case law , Law digest , In Court
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Company

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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