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England and Wales decisions
Decisions matching the current search
Lulham & Anor v The Crown Estate Commissioners [2025] EWHC 1572 (Ch) (24 June 2025)
Former shareholders of a dissolved company sought a vesting order over a freehold after disclaimer, but the court held they lacked the required interest or legal right.
The Employment Appeal Tribunal held that attempts to dissolve companies to defeat a tribunal claim could amount to unreasonable conduct of proceedings under rule 76(1)(a).
Mittal & Anor v Berthier & Ors (Re ACL Astute 2022 Ltd & ACL Astute 2006 Ltd) [2024] EWHC 3122 (Ch) (04 December 2024)
The High Court discharged the administrators of ACL Astute 2022 and ACL Astute 2006, but ordered ACL Astute 2022 into liquidation so bondholders could investigate possible claims.
The High Court held that a commercial property was held on a resulting trust for the claimant alone, rejecting claims of joint ownership, Quistclose trust, and counterclaim relief.
Given the late but substantive objection by Mr Berthier and other bondholders, and the fact that liquidation would allow further investigation into potential claims against former directors without materially prejudicing other creditors, it would be unsatisfactory to dissolve ACL22 and thereby extinguish these opportunities. Therefore, ACL22 should be put into liquidation and the administrators discharged.
Source excerpt
The Upper Tribunal refused new evidence about a dissolved company in a rent repayment order appeal, holding it would not change the result.
The court held that a co-debtor who repays a mortgage debt may be subrogated to the creditor’s security, including a vested lease, even after the co-debtor company was dissolved.
Leon v Kensington Mortgage Company Ltd & Anor [2023] EWHC 121 (Ch) (06 February 2023)
The High Court held that a co-debtor who repays a mortgage debt may be subrogated to the lender’s security, including a disclaimed lease, after the other debtor’s dissolution.
Dixon v The Crown Estate Commissioners [2022] EWHC 3256 (Ch) (22 December 2022)
The High Court granted vesting orders for two properties after finding proprietary estoppel arising from a mistaken company distribution and later dissolution.
The High Court granted a vesting order under section 181 of the Law of Property Act 1925, vesting former freehold titles in Alison Court Management Company Ltd.
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