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27 February 2009 / Peter Hungerford-welch
Categories: Case law , Law digest , In Court
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Insolvency

Tagore Investments SA v Official Receiver [2009] All ER (D) 63 (Jan)

In exercising its discretion under s 346(6) of the Insolvency Act 1986, the court must have regard to the extent to which, and the reasons for which, the enforcement of the judgment had been frustrated. The emphasis should be on post-judgment events. However, prejudgment events might be considered if they enable the court to draw an inference as to the motivation behind postjudgment events that might otherwise not be a proper inference to draw. The jurisdiction under s 346(6) should be exercised only in exceptional cases. The applicant must establish that the events which have happened have generated sufficient unfairness to generate an exception in his favour.

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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