Re Home Treat

JurisdictionEngland & Wales
Date1991
CourtChancery Division
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21 cases
  • : Powertrain Ltd ((in Liquidation))
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 2 November 2015
    ...of s.1157. In that connection, I was referred to the decision of Parker J in Re X Co Ltd [1907] 2 Ch 92; to the decision of Harman J in Re Home Treat Ltd [1991] BCC 165; and to passages in McPherson's Law of Company Liquidation, at page 444, and the Law of Administrators and Receivers of Co......
  • Powertrain Ltd ((in Liquidation))
    • United Kingdom
    • Chancery Division
    • 2 November 2015
    ...of s.1157. In that connection, I was referred to the decision of Parker J in Re X Co Ltd [1907] 2 Ch 92; to the decision of Harman J in Re Home Treat Ltd [1991] BCC 165; and to passages in McPherson's Law of Company Liquidation, at page 444, and the Law of Administrators and Receivers of Co......
  • Inderjit Singh Bhullar v Jatinderjit Singh Bhullar and Others
    • United Kingdom
    • Chancery Division
    • 2 March 2017
    ...of fiduciary or statutory duty. ( Boardman v Phipps [1967] 2 A.C. 46 followed; Re Duomatic Ltd [1969] 2 Ch. 365, Re Home Treat Ltd [1991] B.C.C. 165 and Knight v Frost [1999] B.C.C. 819 applied.)" 95 Mr Chaisty and Mr Grantham also noted that the principle in Re Duomatic applies to both mem......
  • R (on the application of Palmer) v Northern Derbyshire Magistrates' Court and another
    • United Kingdom
    • Supreme Court
    • 1 November 2023
    ...administration, the Divisional Court placed reliance on two first instance decisions in the Chancery Division. 30 In In re Home Treat Ltd [1991] BCC 165, the administrators of a company, concerned that the company's business might be ultra vires, applied for a direction under section 14 of ......
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1 firm's commentaries
  • Harneys Corporate Recovery Services Guides to The Insolvency Act 2003 - Part 2
    • British Virgin Islands
    • Mondaq Virgin Islands
    • 4 August 2004
    ...Computers [1992 Ch 505; Barclays Mercantile Business Finance Ltd v Sibec†Developments Ltd [1992] 1 WLR 1253 162 Re Home Treat Ltd [1991] BCLC 705 163 See sections 244 - 250 as amended 164 Section 87(4) as amended 165 Section 98(1), (3) 166 Section 98(4) 167 Sections 98(5), 254 168 See Re Sm......
2 books & journal articles
  • The Continuing Value of Relief for Directors' Breach of Duty
    • United Kingdom
    • The Modern Law Review No. 66-2, March 2003
    • 1 March 2003
    ...197. See further, Gore-Browne on Companies, n 3 above, para 27.21.6 The current provision also applies to liquidators: Re Home Treat [1991] BCC 165.7 See Final Report, n 4 above, para 6.3 read with para 6.4. For a statement of the proposedstatutory duties, see White Paper II, n 4 above, Sch......
  • Virtual shareholder meetings: who decides how companies make decisions?
    • Australia
    • Melbourne University Law Review Vol. 28 No. 2, August 2004
    • 1 August 2004
    ...(86) Ibid 1459. (87) Re Pearce Duff & Co Ltd [1960] 1 WLR 1014; Re Oxted Motor Co [1921] 3 KB 32. (88) See, eg, Re Home Treat Ltd [1991] BCLC 705. (89) [1985] 1 WLR 1305, (90) As explained by Harman J in Re Home Treat [1991] BCC 165, 168 (emphasis added): 'Nourse J expressly decided tha......

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