Kevin Hellard and Another v Horacio Luis De Brito Carvalho
Jurisdiction | England & Wales |
Judge | Mr John Randall |
Judgment Date | 25 September 2013 |
Neutral Citation | [2013] EWHC 2876 (Ch) |
Docket Number | Case No. No 10416 of 2011 |
Court | Chancery Division |
Date | 25 September 2013 |
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44 cases
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Aston Risk Management Ltd v Mr Lee Jones
...interest; but that does not detract from the subjective nature of the test.” ii) However, in Re HLC Environmental Projects Ltd [2013] EWHC 2876 (Ch); [2014] B.C.C. 337, Mr John Randall QC, sitting as a Deputy High Court judge, explained that the general principle of subjectivity is subject......
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Umbrella Care Ltd ((in Liquidation)) v Khair Un Nisa
...were explained by John Randall QC (sitting as a Deputy Judge of the High Court) in Re HLC Environmental Projects Limited [2013] EWHC 2876 Ch, at [92]. The qualifications are as follows: “(a) Where the duty extends to consideration of the interests of creditors, their interests must be cons......
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Stuart Mackellar (as liquidator of Smart Plus International (Holdings) Ltd Appellant v [1] Khoo Kin Yong (aka "Alice") [2] Pengiran Hajid Mohd Ayub [3] The Authorised Legal Representative Appointed in the Estate of Pengiran Anak Hajah Damit (Deceased) Respondents
...for damages was entered against it. Liquidator of West Mercia Safetywear Ltd. v Dodd & Anor. followed the case of Kevin Hellard et al v Horacio Luis De Brito Carvalho26 where, on an application by a liquidator under section 212 of the UK Insolvency Act 1986, a director was made to repay to ......
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1 firm's commentaries
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High Court Confirms That Directors Continue To Owe Fiduciary Duties Post Insolvency
...a company is insolvent, this duty is to act in the best interests of the creditors as a whole (Re HLC Environmental Projects Limited [2013] EWHC 2876 (Ch)). The breaches of fiduciary duties alleged under head (ii) focussed on section 172 and section 174 CA 2006, which requires a director of......