Mitchell and another v Carter and another, ; Re Buckingham International Plc

JurisdictionEngland & Wales
Date1997
CourtCourt of Appeal (Civil Division)
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37 cases
  • Paul Zeital Kemsley v Barclays Bank Plc and Others
    • United Kingdom
    • Chancery Division
    • 15 d3 Maio d3 2013
    ...to grant an injunction and in effect approved his reasoning. And Hoffmann J's analysis was expressly approved in Mitchell v Carter [1997] 1 BCLC 673, in the context of an application for an anti-suit injunction to stop a creditor from bringing or continuing a foreign execution process. Mill......
  • Re Lehman Brothers International (Europe) ((in Administration)) (No 4)
    • United Kingdom
    • Supreme Court
    • 17 d3 Maio d3 2017
    ...it would appear to follow that even provable debts are not "payable and owing" by a company in a winding-up. As Millett LJ explained in Mitchell v Carter, In re Buckingham International Ltd [1997] 1 BCLC 673, 684, the making of a winding-up order "divests the company of the beneficial owner......
  • Lehman Brothers Europe Ltd ((in Administration)) and Others
    • United Kingdom
    • Chancery Division
    • 3 d4 Agosto d4 2017
    ...of the proceeds of the realisation of the assets of the company wherever situated. As Millett LJ pointed out in Mitchell v Carter [1997] 1 BCLC 673, it is a trust which confers no beneficial interest on the creditors, who are the beneficiaries. Their only right is to have the assets of the ......
  • HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd
    • United Kingdom
    • House of Lords
    • 9 d3 Abril d3 2008
    ...insolvency regime: see Ayerst v C & K (Construction) Limited [1976] AC 167 at 176E to 177F. As Millett LJ put it in Mitchell v Carter [1997] 1 BCLC 673 at 686, "the making of a winding-up order divests the company of the beneficial ownership of its assets which cease to be applicable for i......
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1 books & journal articles
  • UNSECURED CREDITOR VERSUS UNREGISTERED CHARGE
    • Singapore
    • Singapore Academy of Law Journal No. 1998, December 1998
    • 1 d2 Dezembro d2 1998
    ...103D—E; Re Lines Bros Ltd[1983] Ch 1 at 14C—E; Douglas-Brown v Standard Chartered Finance Ltd(1990) 2 ACSR 737 at 741; Mitchell v Carter[1997] 1 BCLC 673 at 686f—h. See also Re General Rolling Stock Co(1872) 7 Ch App 646 at 649; Re International Tin Council[1987] 1 Ch 419 at 446A—B, affirme......

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