- Restoration and receivership—when are they appropriate? (Re Inter Global Surgical LLP)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: The court held that a restoration order for a company struck off for failing to file statutory returns was not appropriate until the CPR Part 8 claim form had been issued and served on the Registrar of Companies who was entitled to have the time to consider her position and take advice. The court also considered that there was no reason why the claim form could not be issued in the Business and Property Courts, despite a practice direction stating that claims should be issued in the County Court at Central London. The court also held that the appointment of receivers was more appropriate than granting an interim injunction in circumstances where a dispute between the parties was at risk of being seriously prejudicial to the company in which they were both members. While costing money, the receivership would ensure that the parties’ interests, as well as the company’s, were protected pending resolution of the dispute. Written by Roseanna Darcy, barrister at South Square.
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