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02 November 2012
Issue: 7536 / Categories: Case law , Law digest , In Court
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Insolvency

Autoquake Ltd v Car Care Plan Ltd [2012] EWHC 1344 (Ch), [2012] All ER (D) 194 (Feb)

Where an order was sought in order to facilitate a distribution among members, the court would be more reluctant to grant it than if the distribution was to be made to creditors. The jurisdiction to make an order facilitating a distribution was derived, so far as liquidations were concerned, from the statutory power of the court to give directions to liquidators contained in s 168(3) of the Act. The equivalent power to give directions to administrators was contained in para 63 of Sch B1 to the Act. There was no reason why it should not be exercised in a similar way, and no reason why it should not be exercised in relation to expense claims, as well as provable debts.

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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