Goldfarb (Liquidator of Eurocruit Europe Ltd.) v Poppleton

Goldfarb (Liquidator of Eurocruit Europe Ltd.) v Poppleton

The limitation period for a liquidator's claim under section 212 of the Insolvency Act 1986 is six years from the date of the actionable breach of duty, not from the commencement of liquidation. The applicant's claims are statute-barred as they were brought more than six years after the alleged breaches. There was no sufficient evidence of deliberate concealment by the respondent to postpone the limitation period under section 32(1)(b) of the Limitation Act 1980.

Parties
Applicant: Kevin Ashley Goldfarb; Company: Eurocruit Europe Ltd (in liquidation); Respondent: Richard Poppleton
Jurisdiction
England and Wales
Judgment Date
21 June 2007
Procedural Posture
Civil (insolvency/company) / Application to Strike Out Claim
Outcome
Application to strike out granted; proceedings struck out as statute-barred.
Legal Topics
Limitation of Actions, Directors' Duties, Liquidator's Powers, Misfeasance Proceedings
Insolvency Company Law Civil Procedure Limitation of Actions Directors' Duties Liquidator's Powers Misfeasance Proceedings

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Parties

Kevin Ashley Goldfarb

Applicant

Eurocruit Europe Ltd (in liquidation)

Company

Richard Poppleton

Respondent

Procedural Posture

Civil (insolvency/company) / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the applicant's claim under section 212 of the Insolvency Act 1986 is statute-barred by limitation.
  2. 2 When the limitation period begins to run for a liquidator's claim under section 212 of the Insolvency Act 1986.
  3. 3 Whether time starts to run afresh under section 32(1)(b) of the Limitation Act 1980 due to alleged deliberate concealment.

Ratio Decidendi

The limitation period for a liquidator's claim under section 212 of the Insolvency Act 1986 is six years from the date of the actionable breach of duty, not from the commencement of liquidation. The applicant's claims are statute-barred as they were brought more than six years after the alleged breaches. There was no sufficient evidence of deliberate concealment by the respondent to postpone the limitation period under section 32(1)(b) of the Limitation Act 1980.

Court Disposition

Application to strike out granted; proceedings struck out as statute-barred.

Orders

  • The proceedings against the respondent are struck out.