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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

30 OCT 2012

Retrospective Commencement of Proceedings - Bank of Ireland (UK) Plc v Colliers International UK Plc [2012] EWHC 2942 (Ch) (24 October 2012)

Mr Justice David Richards has handed down his judgment in Bank of Ireland (UK) Plc v Colliers International UK Plc [2012] EWHC 2942 (Ch) (24 October 2012). In relation to the substance of the case the learned judge notes that, "The only issue requiring any detailed consideration on the present application is whether the court has jurisdiction under paragraph 43(6) to give permission retrospectively for the commencement of proceedings." Following a thorough analysis of the pertinent authorities the learned judge concludes, "I have come to the clear conclusion that Re Saunders was correctly decided and that retrospective permission can be given for the commencement of proceedings, whether under section 130(2) or section 285(3) of the Insolvency Act 1986 or under paragraph 43(6) of Schedule B1."

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