Wilson v The Specter Partnership & Ors [2007] EWHC 133 (Ch) (01 February 2007)

Wilson v The Specter Partnership & Ors [2007] EWHC 133 (Ch) (01 February 2007)

The agreement between Wilson Properties UK Ltd and The Specter Partnership was not a sufficiently certain or specific written agreement to constitute a contentious business agreement under section 59 of the Solicitors Act 1974; therefore, the winding up petition was not barred. Even if it had been, the application to rescind was made far too late without justification. There was no basis for removing the liquidators or compelling assignment of the alleged cause of action.

Citation
[2007] EWHC 133 (Ch)
Parties
Appellant: Pierre Wilson; First Respondent: The Specter Partnership; Second Respondent: The Official Receiver; Third Respondents: The Joint Liquidators of Wilson Properties UK Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Appeal and Applications in Company Liquidation / High Court (chancery Division) Judgment on Appeal and Applications
Outcome
Appeal and applications dismissed
Legal Topics
Winding Up Petitions, Contentious Business Agreements, Solicitors' Remuneration, Liquidator Removal, Assignment of Company Claims
Insolvency Company Law Legal Profession Winding Up Petitions Contentious Business Agreements Solicitors' Remuneration Liquidator Removal Assignment of Company Claims

Case Brief

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Parties

Pierre Wilson

Appellant

The Specter Partnership

First Respondent

The Official Receiver

Second Respondent

The Joint Liquidators of Wilson Properties UK Limited

Third Respondents

Procedural Posture

Appeal and Applications in Company Liquidation / High Court (chancery Division) Judgment on Appeal and Applications

Legal Issues

  1. 1 Whether the agreement between Wilson Properties UK Ltd and The Specter Partnership was a contentious business agreement (CBA) under section 59 of the Solicitors Act 1974
  2. 2 Whether the winding up petition was improperly brought if the agreement was a CBA
  3. 3 Whether delay in applying to rescind the winding up order was justified

Ratio Decidendi

The agreement between Wilson Properties UK Ltd and The Specter Partnership was not a sufficiently certain or specific written agreement to constitute a contentious business agreement under section 59 of the Solicitors Act 1974; therefore, the winding up petition was not barred. Even if it had been, the application to rescind was made far too late without justification. There was no basis for removing the liquidators or compelling assignment of the alleged cause of action.

Court Disposition

Appeal and applications dismissed

Orders

  • Appeal from District Judge Farquhar dismissed
  • Application to remove the liquidators dismissed