L - Liquidator
4/6/20
WOLLOFF v CALZATURIFICIO RODOLFO ZENGARNI SRL [2020] EWHC 1433 (Ch)
Considers principles to be applied in making orders against EU nationals for disclosure of information to liquidators under s 236(3) Insolvency Act 1986.
12/10/18
HELLARD v GRAISELEY INVESTMENTS LTD [2018] EWHC 2664 (Ch)
In an application under s 238 Insolvency Act 1986 challenging a transaction as at an undervalue, liquidators should plead or define the transaction and address in their evidence the value alleged to flow between the parties to it. As this had not been done, the application did not get off the ground. Further, on the evidence the court was satisfied that there had been an error in the way a transfer of fixtures and fittings had been documented so the transfer had been void for mistake and a transfer back had caused nothing to be lost. The applicant liquidators had failed properly to analyse the relevant journal entries and should not have made allegations and insinuations going beyond the pleaded case.
8/8/13
OAKLEY SMITH v THE INFORMATION COMMISSIONER [2013] EWHC 2485 (Ch)
A liquidator is agent of the company in liquidation (whether compulsory or voluntary) and does not personally become a data controller within s 1(1) Data Protection Act 1984 in respect of data held by the company. On the facts the personal data could be disposed of by the liquidators providing sufficient data was retained to enable the company to respond to any subject access requests and to deal with claims in the liquidation.
19/2/13
RICOH EUROPE HOLDINGS BV v SPRATT [2013] EWCA Civ 92
Liquidators are obliged to complete a liquidation without waiting for contingent claims to mature and are not obliged to set aside any reserve to cover that possibility. Nor are they required to value such claims at 100% but to make a genuine assessment of the chances of the contingency occurring.