Burnden Holdings (Uk) Ltd v Fielding

JurisdictionEngland & Wales
Judgment Date2019
Neutral Citation[2019] EWHC 1566 (Ch)
Date2019
Year2019
CourtChancery Division
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16 cases
  • Anthony John Wright and Geoffrey Paul Rowley (Liquidators of BHS Group Ltd, SHB Realisations Ltd, Davenbush Ltd and Lowland Homes Ltd (All (in Liquidation)) v Dominic Joseph Andrew Chappell
    • United Kingdom
    • Chancery Division
    • 11 June 2024
    ...into insolvency may be more gradual. The qualified way in which judges have expressed the trigger (and I am among them; see Burnden Holdings (UK) Ltd v Fielding [2016] EWCA Civ 557, [2017] 1 WLR 39 at [18]) reflects that the directors may often not know, nor be expected to know, that the ......
  • Sarah Helen Bell v Nicola Jane Ide
    • United Kingdom
    • Chancery Division
    • 12 February 2020
    ...Act were held to be within either s 8 or s 9 of the Limitation Act, depending on the facts (see also Burndon Holdings (UK) Ltd v Fielding [2020] BPIR 1, 24 In private law litigation, it is well settled that a claim will be brought within the limitation period if the claim form is issued on ......
  • Richard Toone v William John Gailey Ross
    • United Kingdom
    • Chancery Division
    • 30 October 2019
    ...company. 63 Mr Mohyuddin QC and Mr Curl cited in argument the recent case of Burnden Holdings (UK) Limited (in liquidation) v Fielding [2019] EWHC 1566. In this case Mr Justice Zacaroli found the majority directors of a company not liable in respect of a grant of security to themselves for ......
  • Chalcot Training Ltd v Matthew Anthony Ralph
    • United Kingdom
    • Chancery Division
    • 5 May 2020
    ...v Queen's Moat Houses Plc [2001] 2 BCLC 531; Re Paycheck Services Ltd [2010] 1 WLR 2793 and Burnden Holdings UK Ltd v Fielding [2019] EWHC 1566 (Ch). 267 Part 23 of the Act does not render the unlawful distribution void. It is only recoverable under s.847 and depends on the knowledge of th......
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1 firm's commentaries
  • English Court Provides Guidance On Director Liability For Dividends
    • United States
    • Mondaq United States
    • 8 August 2019
    ...SUMMARY recent decision of the High Court of Justice in England & Wales in Re Burnden Holdings (UK) Limited (in liquidation) [2019] EWHC 1566 (Ch) ("Burnden Holdings") provides a thorough review of English dividends law, including director liability in particular. It also provides helpf......

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