Home / Restructuring & Insolvency / Directors and insolvency / Directors' duties

Legal News

Liquidator’s claim dismissed over alleged fraudulent payments (Instant Access Properties Ltd v Rosser; Murphy v Rosser)

Copyright © 2025 LexisNexis

Published on: 27 April 2018

Published by a LexisNexis Restructuring & Insolvency expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?

Article summary

Restructuring & Insolvency analysis: The High Court has dismissed a claim brought by a liquidator to recover payments made by an insolvent company. The liquidators claimed that payments to corporate property developers had been made fraudulently. Elliot Green, licensed insolvency practitioner of Oury Clark, London and Slough, considers some of the potential practical implications from this judgment and considers the wider implications for these types of cases.

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of