The ICLR has noted, as part of its WLR(D) service, the High Court decision Goldfarb v Higgins [2008] WLR(D) 49. The headnote for the case, which has not yet been published on BAILII, is: "The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed".
Thursday, 12 February 2009
UK: England and Wales: fraudulent trading - on what day does the cause of action arise?
The ICLR has noted, as part of its WLR(D) service, the High Court decision Goldfarb v Higgins [2008] WLR(D) 49. The headnote for the case, which has not yet been published on BAILII, is: "The cause of action for fraudulent trading under s 213 of the Insolvency Act 1986 arose on the day the winding up order was made and not when either the petition was presented or the provisional liquidator appointed".
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