Thorne v Silverleaf

JurisdictionEngland & Wales
Date1994
Year1994
CourtCourt of Appeal (Civil Division)
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14 cases
  • ESS Production Ltd ((in Administration)) v Sully
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 May 2005
    ...on the basis of distinguishing honest from unscrupulous traders. They are drawn in much more limited terms. In Thorne v Silverleaf [1994] 1 BCLC 637, Peter Gibson LJ observed that it was clear that sections 216 and 217 apply to a wider set of circumstances than the case of a person attempti......
  • The Advocate General For Scotland V. Thomas Reilly+stephen Reilly
    • United Kingdom
    • Court of Session
    • 19 August 2011
    ...even if this is not a 'phoenix syndrome' case and even if the sanctions of criminal liability seem to be harsh. In Thorne v Silverleaf [1994] BCC 109 at p.113G Peter Gibson LJ said - 'But it is clear that the sections as enacted apply to a wider set of circumstances than the case of a perso......
  • First Independent Factors & Finance Ltd v Mountford
    • United Kingdom
    • Chancery Division
    • 23 April 2008
    ...between good and bad phoenix situations and between honest and unscrupulous traders; and the sections do not attempt to do so: Thorne v Silverleaf [1994] B.C.C. 109; ESS Production Ltd v Sully [2005] BCC 435. However, neither section should be construed to include transactions which are not......
  • PSV 1982 Ltd v Sean Anthony Edward Langdon
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 October 2022
    ...and bad phoenix situations and between honest and unscrupulous traders; and the sections do not attempt to do so: Thorne v Silverleaf [1994] B.C.C. 109; ESS Production Ltd (in admin.) v Sully [2005] EWCA Civ 554; [2005] B.C.C. 435. However, neither section should be construed to include tra......
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