header-logo header-logo

14 March 2008
Issue: 7312 / Categories: Case law , Law digest
printer mail-detail

INSOLVENCY

Giles v Rhind [2008] EWCA Civ 118, [2008] All ER (D) 410 (Feb)

The court has jurisdiction to extend the limitation period under s 32(2) of the Limitation Act 1980 to enable a claimant to bring an action based on breach of duty in respect of a transaction allegedly made to defeat the creditors within the meaning of s 423 of the Insolvency Act 1986. For s 32(2) to apply:

(i) there must be the deliberate commission of an act;

(ii) that act must amount to a “breach of duty”; and

(iii) that breach of duty must occur in circumstances in which it is unlikely to be discovered for some time.

If those ingredients are satisfied, then the next step (where the claimant relies on s 32(1)(b)) is to go back to s 32(1)(b) and to identify the facts that are involved in the relevant breach of duty.

After that, those facts can be tested against the right of action relied on in the proceedings. There is no need to show that the right of action was for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll