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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

Guildhall Chambers , 19 MAY 2014

Re Brown Bear Foods Ltd [2014] EWHC 1132 (Ch); [2014] All ER (D) 101 (Apr)

Re Brown Bear Foods Ltd [2014] EWHC 1132 (Ch); [2014] All ER (D) 101 (Apr)

(Chancery Division, His Honour Judge Simon Barker QC (sitting as a judge of the High Court), 10 April 2014)

The court declined to make an administration order notwithstanding that the conditions in para 11 Sch B1 to the Insolvency Act were clearly satisfied. The administration application had been made because there was a pending winding-up petition against the company. There was evidence of substantial post-petition dispositions by the company to connected parties and/or for non-business purposes and other unexplained (and potentially unjustifiable) transactions. In the circumstances, the court transferred in the pending petition, called it on for hearing and appointed a provisional
liquidator.

For full transcript click here Re_Brown_Bear_Foods.pdf

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