- Staying criminal proceedings against companies in liquidation (Re Paperback Collection and Recycling Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: This is the first case to consider whether the High Court has jurisdiction to stay criminal proceedings against a company in voluntary liquidation (as opposed to restraining particular parties from pursuing proceedings). It held that the court does not have such jurisdiction. It held that although an application could have been made to the court before which the criminal proceedings were taking place to stay them (and that court might have done so) the court with jurisdiction to wind up the company may not do so. The court also considered the case law regarding when to exercise the discretion to stay or restrain proceedings. Written by Thomas Robinson, barrister, Wilberforce Chambers.
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