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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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