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England and Wales Case Law

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Insolvency

In the Matter of Rio Property Maintenance Limited

The court held that a director materially overstated turnover in a Bounce Back Loan application, made him unfit, and ordered disqualification and compensation.

  • Director disqualification
  • Compensation order
  • Bounce back loan scheme
  • Misrepresentation of turnover
  • Unfitness to be concerned in the management of a company
  • Director-disqualification
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Insolvency

Re Fulmar Contracting Ltd (in liquidation)

Liquidators’ claims against two doctors failed: no proven employment contracts and no transaction at an undervalue where the payments had already been accounted for to HMRC.

  • Transaction at an undervalue
  • Compulsory liquidation
  • Umbrella company
  • Employment contract formation
  • Paye and nics
  • Self-assessment tax returns
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Civil procedure

Denaro (UK) Limited (in liquidation) v Anthony Bracken & Ors

The court dismissed Barclays' strike-out challenge and allowed amendment of the particulars of claim, subject to two wording changes, in claims for dishonest assistance and Quincecare breach.

  • Strike out under cpr 3.4
  • Amendment under cpr 17.3
  • Dishonest assistance
  • Quincecare duty
  • Pleading dishonesty
  • Blind eye knowledge
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Insolvency

Importers Service Corporation & Anor v Mario Aliotta & Ors

Transfers of shares by Aliotta Holdings to Mr Sleater and Mr Whitehead in 2024 were at an undervalue and intended to put assets beyond reach of claimants, engaging section 423 and requiring reversal; subsequent 2025 transfers were for sufficient consideration and not at undervalue, so section 423 did not apply.

  • Transactions at undervalue
  • Constructive trusts
  • Fraudulent transfers
  • Shareholder disputes
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Insolvency

Argo Blockchain Plc, Re

The court is satisfied that the jurisdictional gateways under Part 26A Companies Act 2006 are met, the proposed class constitution for meetings is appropriate, adequate notice has been given, and there are no discernible roadblocks or futility in proceeding. Three class meetings (Growler, Noteholders, Shareholders) are ordered to be convened to consider the restructuring plan.

  • Restructuring plan
  • Creditor meetings
  • Class constitution
  • Jurisdiction
  • Notice requirements
  • International recognition
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Insolvency

The Commissioners for HMRC v Purity Limited

It is just and equitable to wind up Purity Limited in the public interest under section 85 of the Finance Act 2022 due to substantial detriment to public revenue, lack of transparency, and continuation of a previous tax avoidance business, and compulsory liquidation is appropriate despite existing voluntary liquidation to ensure proper investigation and deterrence.

  • Public interest winding up
  • Tax avoidance schemes
  • Promoters of tax avoidance
  • Creditors' voluntary liquidation
  • Compulsory liquidation
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Insolvency

Soundwave Studios Music Group Ltd v Visage Group Management Ltd

The High Court restrained presentation of a winding-up petition because the statutory demand was genuinely disputed, including over total failure of consideration and cross-claims.

  • Statutory demand
  • Failure of consideration
  • Set-off and counterclaim
  • Abuse of process
  • Multi-contract disputes
  • Statutory-demand
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Insolvency

Malcolm Cohen & Anor v Co-Operative Group Limited & Ors

The High Court dismissed liquidators’ insolvency claims over Project Chicago, holding the share-capital withdrawals were not an undervalue and the preference claim failed.

  • Transaction at undervalue
  • Preference
  • Directors' duties
  • Registered societies
  • Liquidation
  • Creditor claims
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.