22 March 2019
Company
Re Peak Hotels and Resorts Ltd; Crumpler and another (joint liquidators of Peak Hotels and Resorts Ltd) v Candey Ltd [2019] EWCA Civ 345, [2019] All ER (D) 48 (Mar)
The appellant liquidators’ appeal succeeded, in a dispute concerning the valuation of sums owed to the respondent solicitors following the liquidation of a company for which the solicitors had carried out work. The Court of Appeal held that the judge’s approach to the construction of the Insolvency Act 1986 (IA 1986) and its application to the present case could not stand. The whole concept of provision of services in return for a fixed fee had to be disregarded in the present case, because such a concept was incompatible with the exercise which IA 1986 s 245(6) required to be performed.
Contract
Harcus Sinclair LLP and another v Your Lawyers Ltd and another [2019] EWCA Civ 335, [2019] All ER (D) 58 (Mar)
The judge had taken into account matters that he should not have taken into account in applying the relevant
