Thursday, 19 February 2009

UK: England and Wales: winding-up of a LLP - the right to appear in court proceedings

The ICLR, as part of its excellent WLR(D) service, has noted Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP [2009] WLR (D) 57, a High Court decision not yet available on BAILII. The ICLR's summary of the case begins:

Although the interests and liabilities of a member of a limited liability partnership were different from those of a contributory to a limited company and those differences might lead to some changes in practice so far as petitions to wind them up were concerned, a person seeking to exercise a right to appear and be heard in court proceedings, whether as creditor or contributory, should at least claim to be a member of the class on whom that right was conferred".


Update (9 March 2009): the decision is now available on BAILII - see here.

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