Winckworth Sherwood

UK 200 2013 position: 94

Mitchell prevents adjournment of trial of s.212 application against former liquidator

The post-Mitchell landscape, in which the need for litigation to be conducted efficiently and at proportionate cost and the need for orders, rules and practice directions to be enforced is regarded as being of paramount importance, is now well recognised.

A recent insolvency case in which a late application to adjourn the trial of an application under section 212 of the Insolvency Act 1986 (IA 1986) fell foul of the Mitchell principles is interesting in a number of respects and not only as a timely reminder of how Mitchell applies to insolvency claims.

The case is Top Brands Ltd and another v Sharma (as former liquidator of Mama Milla Ltd) [2014] EWHC 1454 (08 May 2014). It concerns an application by Top Brands and Lemione Services (the creditors) under section 212 IA 1986 against Gagen Sharma. Mrs Sharma was the liquidator of Mama Milla (the company) until her removal from office by a creditors’ meeting, which followed an application by the creditors for an order pursuant to section 108(2) IA 1986…

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