Source: All England Reporter
Publisher Citation: [2002] All ER (D) 488 (Jul)
Court: Chancery Division
Judge:

Rimer J

Representation David Alexander (instructed by Halliwell Landau, Manchester) for the claimant.
  Matthew Collings (instructed by Lawrence Graham) for the defendants.
Judgment Dates: 31 July 2002

Catchwords

Company - Winding up - Liquidator - Defendants selling claimant company's assets and making payment of proceeds to themselves - Claimant having substantial liabilities to creditors - Liquidator applying for summary judgment against defendants for breach of fiduciary duty - Whether summary judgment should be granted - ss 263, 270, 271, 727.

The Case

The liquidator's application for summary judgment against the defendants for breach of fiduciary duty while officers of the company was treated by the court as an application for an interim payment pursuant to CPR Pt 25 which the court granted, on the ground that it could not be said that the defendants had no prospect of success at trial.

Practice Areas

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