Weekly law digests

Re Pantiles Investments Ltd (in liquidation); Pantiles Investments Ltd (in liquidation) and another v Winckler [2019] EWHC 1298 (Ch), [2019] All ER (D) 134 (May)

The respondent former director of the first applicant company in liquidation had knowingly been a party to the use of the company for the purposes of defrauding a bankrupt’s creditors and had been in breach of her duties as director. The Chancery Division, in allowing the company’s liquidator claim against the respondent, further held that ss 21 and 32 of the Limitation Act 1980 disapplied the primary limitation period in relation to a loan, whether that breach was characterised as fraudulent or negligent.

Contempt

Zurich Insurance plc v Romaine [2019] EWCA Civ 851, [2019] All ER (D) 127 (May)

The appellant insurance company’s appeal succeeded, against a decision of a judge of the High Court not to allow it to commence committal proceedings against the respondent. The respondent had issued personal injury proceedings, but had discontinued them after evidence had emerged of him having made false statements.