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06 June 2014
Issue: 7609 / Categories: Case law , Law digest , In Court
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Insolvency

Revenue and Customs Commissioners v Winnington Networks Ltd and another company [2014] EWHC 1259 (Ch), [2014] All ER (D) 207 (May)

The principles upon which to proceed in dealing with without notice applications for the appointment of provisional liquidators were, first, the appointment of a provisional liquidator was a most serious step and should be the subject of most anxious consideration. Second, the application was without notice and needed to be justified by exceptional circumstances. A judge should not entertain an application of which no notice had been given, unless either giving notice would enable the defendant to take steps to defeat the purpose of the remedy or there had been, literally, no time to give notice. Third, it was not a trial of the petition itself and, accordingly, it was proceeded upon a provisional and interim basis. Fourth, it was for the petitioner to show that it was likely to obtain a winding-up order on the hearing of the petition. That involved demonstrating that the petitioner was entitled to present the petition and that a material part

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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