Commentary

115.3 Moratorium on commencement or continuation of legal process

BANKRUPTCY AND INSOLVENCY (CORPORATE INSOLVENCY) vol 3(3)
| Commentary

115.3 Moratorium on commencement or continuation of legal process

| Commentary

115.3 Moratorium on commencement or continuation of legal process

Under the original legislation (where the wording was slightly different), it was settled that ‘legal proceedings’ meant any legal proceedings against the company, thus comprising any process which required a judicial or quasi-judicial resolution and did not include proceedings brought by creditors which did not require a judicial or quasi-judicial resolution, and this remains the case on the present wording1. This has been held to include proceedings brought in an employment tribunal2, proceedings for revocation of a patent3, a construction adjudication4 and a criminal prosecution under

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