Tacon v Montrow [2007] JRC 186 (02 October 2007)

Tacon v Montrow [2007] JRC 186 (02 October 2007)

The reason for the undertaking no longer exists due to the revocation of the BVI order requiring disclosure to the receiver. The BVI Court's order of 3rd September provides adequate protection against improper disclosure to Kensington. There is no material risk of prejudice to Montrow, and the provisional liquidator should be free to exercise his powers, including interviewing Mr Grimshaw.

Citation
[2007] JRC 186
Parties
Representor: Mr Tacon; Second Respondent: Mr Grimshaw; Third Respondent: Montrow
Jurisdiction
Jersey
Judgment Date
02 October 2007
Procedural Posture
Application for Discharge of Undertaking / Post Appointment of Provisional Liquidator, Application for Discharge of Undertaking
Outcome
Application granted
Legal Topics
Provisional Liquidation, Undertakings to Court, Disclosure of Information, Recognition of Foreign Liquidators, Court Cooperation
Insolvency Company Law Cross Border Insolvency Provisional Liquidation Undertakings to Court Disclosure of Information Recognition of Foreign Liquidators Court Cooperation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mr Tacon

Representor

Mr Grimshaw

Second Respondent

Montrow

Third Respondent

Procedural Posture

Application for Discharge of Undertaking / Post Appointment of Provisional Liquidator, Application for Discharge of Undertaking

Legal Issues

  1. 1 Whether Mr Tacon should be released from the undertaking not to seek further information from or examine Mr Grimshaw without further order of the Court
  2. 2 Whether adequate protection exists to prevent improper disclosure of information to Kensington

Ratio Decidendi

The reason for the undertaking no longer exists due to the revocation of the BVI order requiring disclosure to the receiver. The BVI Court's order of 3rd September provides adequate protection against improper disclosure to Kensington. There is no material risk of prejudice to Montrow, and the provisional liquidator should be free to exercise his powers, including interviewing Mr Grimshaw.

Court Disposition

Application granted

Orders

  • Mr Tacon is released from the undertaking not to seek further information from or examine Mr Grimshaw without further order of the Court.
  • Mr Tacon is released from the undertaking referred to in paragraph 3 of the order of the Court of Appeal dated 18th June 2007.