| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 230 (Jul) |
| Court: | Chancery Division |
| Judge: | John Jarvis QC sitting as a deputy judge of the High Court |
| Representation | Richard Lord QC and Andrew Ayres (instructed by Thomas Cooper & Stibbard) for the claimant. |
| Nicholas Peacock (instructed by Holman, Fenwick and Willan) for the defendant. | |
| Judgment Dates: | 15 July 2005 |
Catchwords
Company - Winding up - Foreign company - Defendant disputing claimant's locus to bring winding up petition - Defendant applying to strike out petition - Whether claimant having good arguable case - , ss 124, 127, 220, 221.
The Case
On the facts of the instant case, the claimant's winding up petition would be adjourned on the basis that its claim for damages, flowing from the defendant's ship sinking, with the claimant's cargo onboard, had a good arguable case and dismissing the petition would deprive the claimant of its remedy.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
