header-logo header-logo

Insolvency

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

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.

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll