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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

23 OCT 2012

Re Baillies Ltd (In Liquidation); Hornan v Baillie and others [2012] EWHC 285 (Ch); [2012] BPIR 665

(Chancery Divison, His Honour Judge Purles QC (sitting as a judge of the High Court), 6 January 2012)

A liquidator issued proceedings against B alleging a breach of s 423 of the Insolvency Act 1986. HHJ Purle QC (sitting as a judge of the High Court) granted a freezing order and permission to serve out of the jurisdiction, as B was resident in France. B successfully applied to set aside service on him, as it had not been in accordance with the mandatory terms of Art 4 of the Service Regulation, in that the proceedings had been served by an English process server, not by a French court bailiff and that was not a defect capable of remedy under r 7.55 of the Insolvency Rules 1986. The freezing order was extended for 14-days, pending an application for permission to appeal to the Court of Appeal.

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