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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

07 DEC 2011

(1) Sunwing Vacation Inc (2) Vacances Sunwing Inc v (1) E-Clear (UK) plc (In Voluntary Liquidation) (2) Cohen (3) Nygate [2011] EWHC 1544 (Ch), [2011] BPIR 1524, (Morgan J, 3 June 2011)

Under ss 112 and 155 of the Insolvency Act 1986, Morgan J made an order for disclosure of various documents held by the respondent company and its liquidators. The applicant required the documents for use in an arbitration against third parties that, if successful, could reduce the amount of the applicant’s claim in the liquidation. Accordingly, there was benefit to the creditors and it was just and beneficial to make such an order.

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