H G Holden (Contracts) Ltd, Re [2002] NICh 2 (14 January 2002)

H G Holden (Contracts) Ltd, Re [2002] NICh 2 (14 January 2002)

The director's repeated failure to attend public examination and cooperate with the liquidator justifies the exercise of the court's power under Article 114(2) to direct his arrest, which is lawful, fair, and proportionate, and compatible with Article 5 of the ECHR.

Source-derived case information.

Citation
[2002] NICh 2
Parties
Company: H G Holden (Contracts) Limited; Director: Herbert George Holden; Liquidator: Deputy Official Receiver
Jurisdiction
Northern Ireland
Judgment Date
14 January 2002
Procedural Posture
Company Winding Up / Application for Public Examination and Arrest Order
Outcome
Court directs issue of warrant for director's arrest for purpose of public examination.
Legal Topics
Public Examination of Director, Failure to Attend, Powers of Arrest, Contempt of Court, Compatibility With ECHR
Insolvency Company Law Human Rights Public Examination of Director Failure to Attend Powers of Arrest Contempt of Court Compatibility With ECHR

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Summary, issues, holding and outcome

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Parties

H G Holden (Contracts) Limited

Company

Herbert George Holden

Director

Deputy Official Receiver

Liquidator

Procedural Posture

Company Winding Up / Application for Public Examination and Arrest Order

Legal Issues

  1. 1 Whether the court can lawfully order the arrest of a director for failure to attend public examination under Article 114 of the Insolvency (Northern Ireland) Order 1989
  2. 2 Whether Article 114 is compatible with Article 5 of the European Convention on Human Rights

Ratio Decidendi

The director's repeated failure to attend public examination and cooperate with the liquidator justifies the exercise of the court's power under Article 114(2) to direct his arrest, which is lawful, fair, and proportionate, and compatible with Article 5 of the ECHR.

Court Disposition

Court directs issue of warrant for director's arrest for purpose of public examination.

Orders

  • Warrant to be issued for director's arrest specifying date for public examination.
  • If continued disobedience, application for committal will be entertained.