Company, Re A
| Jurisdiction | England & Wales |
| Date | 1983 |
| Year | 1983 |
| Court | Court of Appeal (Civil Division) |
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49 cases
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Re Maud; Maud v Aabar Block S.a.r.l and another
...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......
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Re Gerova Financial Group Ltd
...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] ......
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Aabar Block S.A.R.L and Another (Petitioners) v Glenn Maud
...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......
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Aabar Block S.A.R.L. v Glenn Maud
...44 Secondly, I considered the authorities on abuse of this collective process, including in particular Re a Company (No. 001573 of 1983) [1983] BCLC 492 (Harman J) and Ebbvale Limited v Hosking [2013] UKPC 1. I rejected an argument by the Petitioning Creditors that once it is determined tha......
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2 firm's commentaries
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The UK continues its objective stance on rescue procedures
...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...
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The UK Continues Its Objective Stance On Rescue Procedures
...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......