Bank of India v Morris & Ors [2005] EWCA Civ 836 (22 June 2005)

The Bank of India, having failed on the appeal, should pay 80% of the liquidators' costs, reflecting the issues on which the liquidators did not succeed. Permission to appeal to the House of Lords is refused as the case does not warrant further consideration by this court.

Citation: [2005] EWCA Civ 836
Parties: Appellant/respondent: Bank of India; Respondent/appellant: Christopher Morris & Ors
Jurisdiction: England and Wales
Judgment Date: 22 June 2005
Procedural Posture: Civil Appeal / Post Judgment (costs and Permission to Appeal)
Outcome: Appeal and cross-appeal dismissed. Costs order made. Permission to appeal refused.
Legal Topics: Attribution of Knowledge to Companies, Section 213 Insolvency Act 1986, Costs Orders, Permission to Appeal

Insolvency Law Company Law Attribution of Knowledge to Companies Section 213 Insolvency Act 1986 Costs Orders Permission to Appeal

Case Brief

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Parties

Bank of India

Appellant/respondent

Christopher Morris & Ors

Respondent/appellant

Procedural Posture

Civil Appeal / Post Judgment (costs and Permission to Appeal)

Legal Issues

1 Appropriate order for costs following appeal and cross-appeal
2 Whether permission to appeal to the House of Lords should be granted
3 Attribution of knowledge to companies under Section 213 Insolvency Act 1986

Ratio Decidendi

Court Disposition

Appeal and cross-appeal dismissed. Costs order made. Permission to appeal refused.

Orders

Bank of India to pay 80% of the liquidators' costs of the appeal.
Bank of India to make interim payment of £100,000 within 28 days, subject to written submissions.