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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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