Source: All England Reporter
Publisher Citation: [2003] All ER (D) 450 (Jul)
Court: Chancery Division
Judge:

Judge Norris QC sitting as a judge of the High Court
Representation Rebecca Stubbs (instructed by the Treasury Solicitor) for the Secretary of State.
  Ian Clarke (instructed by GSC Solicitors) for the companies.
Judgment Dates: 25 July 2003

Catchwords

Companies - Winding up - Petition - Application by Secretary of State for appointment of provisional liquidator - Application for order restraining advertisement of winding up petition - Consideration of factors.

The Case

On an application by the Secretary of State for the appointment of provisional liquidators in respect of two companies which were the subject of a pending petition for winding up in the public interest, the court ruled, inter alia, that there was no advantage in appointing provisional liquidators whose costs might have to be met out of the companies' assets if the implementation of another regime might preserve those assets for the companies' creditors.

Practice Areas

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