Company, Re A

JurisdictionEngland & Wales
Date1983
Year1983
CourtCourt of Appeal (Civil Division)
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46 cases
  • Re Maud; Maud v Aabar Block S.a.r.l and another
    • United Kingdom
    • Chancery Division
    • 8 Septiembre 2016
    ...abuse of process, even though it is brought by a creditor whose debt is undisputed and unpaid. 84 In Re a Company (No. 001573 of 1983) [1983] BCLC 492, the debtor company carried on a mining business, and its only substantial asset was the lease of a mine in Scotland. It fell into financial......
  • Re Gerova Financial Group Ltd
    • Bermuda
    • Supreme Court (Bermuda)
    • 19 Marzo 2012
    ...cases were referred to in the judgment: Re Lanaghan Bros LtdUNK [1977] 1 All ER 265 Re Fernforest LtdUNK [1990] BCLC 693 Re a CompanyUNK [1983] BCLC 492 Bio Treat Technology Ltd v Highbridge Asia Opportunities Master Fund LpBDLR [2009] Bda LR 29 Perak Pioneer v Petroliam NasionalELR [1986] ......
  • Aabar Block S.A.R.L and Another (Petitioners) v Glenn Maud
    • United Kingdom
    • Chancery Division
    • 18 Diciembre 2015
    ...on them." 57 The class nature of bankruptcy and winding up is fundamental and has been often repeated by the Courts at all levels. In Re a Company [1983] BCLC 492 Harman J said: "…..on a petition in the Companies Court, in contrast with an ordinary action, there is not a true lis between th......
  • Re Longmeade Ltd ((in Liquidation))
    • United Kingdom
    • Chancery Division
    • 25 Febrero 2016
    ...of the class, then such views should be discounted or not given effect: see, e.g., in the context of a creditor's winding-up petition, Re a Company [1983] BCLC 492, referred to in Ebbvale v Hosking [2013] 2 BCLC 204 (PC) at paragraph 28. 53 The principles that I have outlined above presuppo......
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2 firm's commentaries
  • The UK continues its objective stance on rescue procedures
    • United Kingdom
    • LexBlog United Kingdom
    • 16 Julio 2015
    ...being treated in the same way that they would have been had the creditor not held a collateral purpose. [1] [2015] EWHC 1830 (Ch) [2] [1983] BCLC 492...
  • The UK Continues Its Objective Stance On Rescue Procedures
    • United Kingdom
    • Mondaq UK
    • 17 Julio 2015
    ...being treated in the same way that they would have been had the creditor not held a collateral purpose. Footnotes [2015] EWHC 1830 (Ch) [1983] BCLC 492 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......

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