Facia Footwear Ltd ((in Administration)) v Hinchcliffe
| Jurisdiction | England & Wales |
| Date | 1998 |
| Year | 1998 |
| Court | Chancery Division |
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17 cases
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Kevin Hellard and Another v Horacio Luis De Brito Carvalho
...financial state of the group, the directors had to have regard to the interests of creditors": per Sir Richard Scott V-C in Facia Footwear Ltd v Hinchcliffe [1998] 1 BCLC 218 at 228f-g; (d) " Where a company is insolvent or of doubtful solvency or on the verge of insolvency and it is the cr......
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BTI 2014 LLC v Sequana S.A.
...of those objectives. It is also important to remember that, as Sir Richard Scott V-C explained in Facia Footwear Ltd v Hinchliffe [1998] 1 BCLC 218, being on the brink of insolvency does not necessarily require an immediate cessation of trade and the realisation of the company's assets. De......
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BTI 2014 LLC v Sequana SA and Others; B.A.T. Industries Plc v Sequana SA and another
...insolvent at the time the payment was made. Similarly in Facia Footwear Ltd (in administration) and another v Hinchliffe and another [1998] 1 BCLC 218 where these cases were cited, there was uncontested evidence that the company was 'hopelessly insolvent' at the time that the payments were ......
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
...(1988) 4 BCC 30, 33 per Dillon LJ, approving a dictum of Street CJ in Kinsela v Russell Kinsela Pty Ltd [1986] 4 NSWLR 722, 730; Facia Footwear v Hinchcliffe [1998] 1 BCLC. 218, 228b per Sir Richard Scott V-C; Re MDA Investment Management Ltd [2004] 1 BCLC 217, per Park J at [70]; Ultrafr......
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1 firm's commentaries
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Nominee Directors: Caught Between The Devil And The Deep Blue Sea
...[1986] 4NSW:R 722 at 730. 5 Liquidator of West Mercia Safetywear Ltd v. Dodd & Anor [1988] 4 BCC 30. 6 Facia Footwear v. Hinchcliffe [1998] 1 BCLC 218, Walker v. Wimborne [1976] 137 CLR 1, Nicholson v. Permakraft (NZ) Ltd [1985] 1 NZLR 242, Kinsela v. Russell Kinsela Pty Ltd [1986] 4 NSWLR ......
6 books & journal articles
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The director's duty to take into account the interests of company creditors: when is it triggered?
...(1987) 3 BCC 535; Liquidator of West Mercia Safetywear Ltd v Dodd (1988) 4 BCC 30; Facia Footwear Ltd (in administration) v Hinchliffe [1998] 1 BCLC 218. The duty had already been embraced in a different guise in the United States. See eg Harff v Kerkorian, 324 A 2d 215 (Del Ch, 1974); Clar......
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Table of Cases
...Alternative Investment (Holdings) Ltd v Barthelemy and Others [2011] EWHC 1731 (Ch), [2012] Ch 613 444 Facia Footwear Ltd v Hinchcliffe [1998] BCLC 218 548 Fairway Magazines Ltd, Re [1992] BCC 924 557, 559 Farmizer Ltd , Re [1997] BCC 655 551 Firth v Everett [2007] EWHC 1979 (Ch) 41 Fletche......
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Table of Cases
...7, 2011), [2012] OJ C 25/2 1.17 F Trust and the A Settlement, Re The [2015] Bda LR 116 6.56–6.58 Facia Footwear Ltd v Hinchcliffe [1998] 1 BCLC 218, ChD 9.31 Table of Cases liii Faghirzadeh v Rudolph Wolff (SA) (Pty) Ltd [1977] 1 Lloyd’s Rep 630, DC 16.60 Felixstowe Dock & Railway Co v Unit......
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Insolvency Litigation
...26; James Earp, Robert Harry Pick v Kenneth Stevenson, Brian Ramsden [2011] EWHC 1436 (Ch) at [63]. 9 Facia Footwear Ltd v Hinchcliffe [1998] BCLC 218 at 228. 10 IA 1986, s 212(3), as applied by IPO, Schs 3, 4 and 5, and LLP Regulations 2001, reg 5. to pursue in summary form various breache......
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