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ARTICLE · 10 AUGUST 2018

Insolvency Litigation - Recent Cases And Issues - July 2018

Gowling WLG
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In the case of Absolute Living Developments Ltd (in liquidation) v DS7 Ltd & Others (2018) the Chancery Court held that it was not appropriate to make an order for security for costs...

United KingdomInsolvency/Bankruptcy/Re-Structuring

In our update this month we take a look at some of the recent cases that will be of interest to those involved in insolvency litigation. These include:

  • another decision which deals with an application for security for costs where the claimant was in liquidation;
  • a Court of Appeal decision providing guidance on the effect of an unanticipated claim emerging after the approval of a company voluntary arrangement; and
  • confirmation that a director will not be in breach of fiduciary duty if he or she has acted in the best interests of the company.

Our insolvency litigation experts have reviewed the decisions and tell you what you need to know.

Security for costs? No - if saying yes will stifle a genuine claim.

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