Burnden Holdings (Uk) Ltd v Fielding

JurisdictionEngland & Wales
CourtChancery Division
Judgment Date2019
Neutral Citation[2019] EWHC 1566 (Ch)
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13 cases
  • Sarah Helen Bell v Nicola Jane Ide
    • United Kingdom
    • Chancery Division
    • 12 Febrero 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 ......
  • Mark Simon Reynolds (as Liquidator of CSB 123 Ltd) v Caroline Stanbury
    • United Kingdom
    • Chancery Division
    • 23 Septiembre 2021
    ...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......
  • Chalcot Training Ltd v Matthew Anthony Ralph
    • United Kingdom
    • Chancery Division
    • 5 Mayo 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......
  • Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn
    • United Kingdom
    • Chancery Division
    • 6 Abril 2022
    ...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
  • English Court Provides Guidance On Director Liability For Dividends
    • United States
    • Mondaq United States
    • 8 Agosto 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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