Law Report: Case Summaries ; 13 January 2003
THE FOLLOWING notes of judgments were prepared by the reporters of the All England Law Reports.
Re Menastar Finance Ltd; Ch D (Etherton J) 4 Nov 2002.
WHEN CONSIDERING whether, on an application under r 4.83 of the Insolvency Rules 1986, to accept a creditor's proof based on a judgment debt the court could, in appropriate circumstamces, go behind the judgment to ensure that there was real indebtedness. However, the application of that principle had to be justified on the basis that the inclusion of unjustified creditors should not dilute the distribution of the company's assets amongst its legitimate creditors.
David Marks (Davis …
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Publication information: Article title: Law Report: Case Summaries ; 13 January 2003. Contributors: Not available. Newspaper title: The Independent (London, England). Publication date: January 13, 2003. Page number: 14. © 2009 The Independent - London. Provided by ProQuest LLC. All Rights Reserved.
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