Source: All England Reporter
Publisher Citation: [2002] All ER (D) 309 (Nov)
Court: Chancery Division

Judge McGonigal sitting as a judge of the High Court

Representation Mark Arnold (instructed by Bates Wells & Braithwaite) for the applicant.
  Jonathan Lopian (instructed by Theodore Goddard) for the respondent.
Judgment Dates: 21 November 2002


Companies - Insolvency - Winding-up - Petition - Application to restrain presentation of petition - Insolvency Rules 1986, r 6.5(6).

The Case

The court did not have a similar power in respect of winding up petitions as it had in relation to bankruptcy petitions under r6.5(6) of the Insolvency Rules 1986 so as to defer the presentation of the petition. Accordingly, the court could not exercise its inherent jurisdiction to make such an order.

Practice Areas

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