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)  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…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
What buildings are affected, what duties are imposed and what action you should take.
HR Update, issue 3: guidance on changing the staff handbook; diabetic employees; flexible leave arrangements; and more
Also: no requirement to take every possible step when investigating whether an employee is disabled.