Anderson, Re Petition of [2008] ScotCS CSOH_133 (10 September 2008)

Anderson, Re Petition of [2008] ScotCS CSOH_133 (10 September 2008)

It is reasonable to grant retrospective sanction to the liquidator as the funding arrangement with Hunter & Clark does not make them dominus litis, and the liquidator was justified in raising the action given the circumstances and lack of candour from the respondent.

Citation
[2008] ScotCS CSOH_133
Parties
Petitioner: Keith Veitch Anderson; Respondent: Paul Anthony Dickens; Respondent: Ablawen Limited
Jurisdiction
Scotland
Judgment Date
10 September 2008
Procedural Posture
Petition for Court Sanction in Insolvency Proceedings / Application for Retrospective Court Sanction
Outcome
sanction granted with retrospective effect
Legal Topics
Liquidator's Powers, Court Sanction, Unfair Preference, Creditors' Voluntary Winding Up, Retrospective Orders
Insolvency Law Company Law Liquidator's Powers Court Sanction Unfair Preference Creditors' Voluntary Winding Up Retrospective Orders

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Parties

Keith Veitch Anderson

Petitioner

Paul Anthony Dickens

Respondent

Ablawen Limited

Respondent

Procedural Posture

Petition for Court Sanction in Insolvency Proceedings / Application for Retrospective Court Sanction

Legal Issues

  1. 1 Whether the court should grant retrospective sanction to the liquidator to raise unfair preference proceedings under Section 243 of the Insolvency Act 1986
  2. 2 Whether the funding of the action by a creditor (Hunter & Clark) affects the court's discretion to grant sanction

Ratio Decidendi

It is reasonable to grant retrospective sanction to the liquidator as the funding arrangement with Hunter & Clark does not make them dominus litis, and the liquidator was justified in raising the action given the circumstances and lack of candour from the respondent.

Court Disposition

sanction granted with retrospective effect

Orders

  • Sanction granted to the liquidator to raise proceedings under Section 243 of the Insolvency Act 1986 with effect retrospective to 19 December 2007.