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Williams -v- Glover and Another

Williams -v- Glover and Another

Postby dls » Mon Apr 20, 2015 10:33 am

Williams -v- Glover and Another - ChD - 04-Jun-2013 - Pelling QC HHJ (Bailii, [2013] EWHC 1447 (Ch), [2014] 1 WLR 166, [2013] BPIR 576, [2014] 1 BCLC 474, [2013] WLR(D) 223, [2014] 2 All ER 448, WLRD) - Insolvency - Company
The company's liquidator had refused to assignn to its former directors a claim for a reduction in corporation tax which they were funding.
Held: Such a claim did not constitute property within section 436, and was not a chose capable of assignment. All that could be assigned would be the right to appeal. Since the former directors were no longer officers of the company they could not act in its name to pursue the appeal.
Statutes:
Insolvency Act 1986 s. 436

Cases Cited:
Torkington -v- Magee 1902 ([1902] 2 KB 427)
Heath -v- Tang, Stevens -v- Peacock CA 11-8-1993 (Independent 14-Oct-93, Times 11-Aug-93, [1993] 4 ALL ER 694, [1993] 1 WLR 1421)
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