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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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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

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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