TAG Capital Venture, Re [2012] EWHC 1631 (Ch) (08 February 2012)

TAG Capital Venture, Re [2012] EWHC 1631 (Ch) (08 February 2012)

Evidence obtained by the provisional liquidator under section 235 is admissible in the winding-up petition if relevant to the issues, and the provisional liquidators must instruct separate solicitors where there is a conflict of interest with the petitioners.

Citation
[2012] EWHC 1631 (Ch)
Parties
Petitioners: Andrew Workman and Elaina Workman; Company/respondent: TAG Capital Venture Limited; Sole Director/applicant: Garry Potter
Jurisdiction
England and Wales
Judgment Date
08 February 2012
Procedural Posture
Contested Winding Up Petition / Interlocutory Application in Ongoing Winding Up Proceedings
Outcome
Application granted in part
Legal Topics
Winding Up Petition, Provisional Liquidators, Conflict of Interest, Admissibility of Evidence
Insolvency Company Law Winding Up Petition Provisional Liquidators Conflict of Interest Admissibility of Evidence

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Parties

Andrew Workman and Elaina Workman

Petitioners

TAG Capital Venture Limited

Company/respondent

Garry Potter

Sole Director/applicant

Procedural Posture

Contested Winding Up Petition / Interlocutory Application in Ongoing Winding Up Proceedings

Legal Issues

  1. 1 Whether evidence obtained by provisional liquidator under section 235 of the Insolvency Act 1986 is admissible in contested winding-up proceedings
  2. 2 Whether solicitors can act for both petitioners and provisional liquidators where there is a conflict of interest

Ratio Decidendi

Evidence obtained by the provisional liquidator under section 235 is admissible in the winding-up petition if relevant to the issues, and the provisional liquidators must instruct separate solicitors where there is a conflict of interest with the petitioners.

Court Disposition

Application granted in part

Orders

  • Direction that provisional liquidators must instruct a new firm of solicitors
  • No order requiring Gallant Macmillan to cease acting for the petitioners