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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