Source: All England Reporter
Publisher Citation: [2014] All ER (D) 235 (Jan)
Neutral Citation: [2014] EWHC 83 (Ch)
Court: Chancery Division

Mr Justice Barling

Representation Lance Ashworth QC (instructed by Cavendish Legal Group) for CL and D.
  Lucy Frazer QC (instructed by Civil Recovery and Tax Legal Department of the National Crime Agency) for SOCA.
  Joseph Curl (instructed by Russell Cooke Solicitors) for the liquidator.
Judgment Dates: 29 January 2014


Company - Winding up - Stay or restraint of proceedings against company - First claimant company, CL, providing credit services - Defendant National Crime Agency presenting winding up petition against CL - Liquidator being appointed - CL and second claimant director of CL applying for recission and/or stay of winding up order - Whether grounds for recission made out - Whether grounds for stay of winding up order made out.

The Case

Company Winding up. In the course of winding up proceedings, the claimant made applications for rescission, variation or review, or alternatively a stay, of the winding up order. The Chancery Division held that the applications would be dismissed, as neither ground of rescission had been made out, and the staying of the winding up order would be disproportionate.

If you are a LexisLibrary subscriber you can read more about this case here.