Source: All England Reporter
Publisher Citation: [2002] All ER (D) 124 (Nov)
Neutral Citation: [2002] EWCA Civ 1624
Court: Court of Appeal, Civil Division

Peter Gibson, Mance and Hale LJJ

Representation Stephen Smith QC and Clive Jones (instructed by Lovells) for the liquidators.
  Philip Heslop QC and Paul Greenwood (instructed by Orchards) for the appellants.
Judgment Dates: 8 November 2002


Companies - Insolvency - Winding up - Public examination - Examination of officers of company - Relevance of status of examinee to exercise of discretion to order public examination - ss 235, 236.

The Case

A judge had erred in concluding that in the case of the class of persons listed in s235 of the the rule that oppression was a major factor to be put in the scales against the making of an order for a public examination under s236 of the Act had to be put to one side.

Practice Areas

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