Home / Restructuring & Insolvency / Corporate insolvency processes / Compulsory liquidation

Legal News

Enforcing interim payments—winding-up or TCC?

Copyright © 2025 LexisNexis
Published on: 30 October 2015
Published by a LexisNexis Restructuring & Insolvency expert

Table of contents

  • Original news
  • What was the background to the appeal?
  • What issues did the Court of Appeal examine?
  • Why did these issues arise?
  • What were the main legal arguments put forward?
  • What did the Court of Appeal decide, and why?
  • Does the judgment help to clarify the use of winding-up proceedings in the context of interim payments?
  • What practical lessons can those advising take away from the case?

Article summary

Restructuring & Insolvency analysis: What is the best way to enforce interim payments? Krista Lee, barrister at Keating Chambers, examines Wilson & Sharp Investments Ltd v Harbour View Developments Ltd.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related documents:

4 Checklists
View More
4 News
View More
1 Practice notes
3 Q&As
View More
Powered by Lexis+®

Related documents:

4 Checklists
View More
4 News
View More
1 Practice notes
3 Q&As
View More

Popular documents

What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?

What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’

How to commence a voluntary winding-up

How to commence a voluntary winding-upThis Practice Note sets out the position from 6 April 2017.The resolution to wind-upA company may only enter voluntary liquidation if:•it has a fixed period for its duration which has expired or an event has occurred which its articles say is an event leading to

Best price reasonably obtainable—what it means for receivers

Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor:•in exercising its power of sale over mortgaged property a mortgagee is under a general duty to

What are provisional liquidators, when are they appointed, and why?

What are provisional liquidators, when are they appointed, and why?What is a provisional liquidator?A provisional liquidator is, in effect, an interim liquidator, where a licensed insolvency practitioner (IP) or the official receiver (OR) is appointed under section 135 of the Insolvency Act 1986 (IA