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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

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

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Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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