Burnden Holdings (Uk) Ltd v Fielding
Jurisdiction | England & Wales |
Court | Chancery Division |
Judgment Date | 2019 |
Neutral Citation | [2019] EWHC 1566 (Ch) |
Date | 2019 |
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13 cases
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Sarah Helen Bell v Nicola Jane Ide
...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 ......
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Mark Simon Reynolds (as Liquidator of CSB 123 Ltd) v Caroline Stanbury
...503 After the conclusion of the trial at my invitation, Counsel lodged written submissions on the case of Burnden v Fielding [2019] EWHC 1566. In Burnden, after an impressive review of the authorities, Zacaroli J concluded that liability of directors in an unlawful distribution of capital c......
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Chalcot Training Ltd v Matthew Anthony Ralph
...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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Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn
...during it they relied, reasonably and responsibly, on the advice of BDO. Mr Lewis cites by analogy the dictum of Zacaroli J in Burnden Holdings (UK) Ltd v Fielding [2019] EWHC 1566 (Ch), [2019] Bus LR 2878 at [158]: “The question whether there are sufficient distributable profits may turn......
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1 firm's commentaries
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English Court Provides Guidance On Director Liability For Dividends
...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......