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Two out of time applications to rescind winding up orders made against two companies were dismissed by Philip Marshall QC (sitting as a deputy High Court Judge). The balance came down against an extension of time when applying the relief from sanctions checklist in CPR Part 3.9. The grounds for rescission had not been made out, and it was not appropriate to restore the companies to a trading position.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...