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Allegations of abuse of process (collateral purpose) in relation to winding-up petitions (PGGH Ltd v Crossbaron Ltd)
Restructuring & Insolvency analysis: The High Court confirmed that allegations of collateral purpose will not, without more, prevent presentation of a winding-up petition where the petitioner seeks genuinely to recover an undisputed debt. It held that claims against related third parties could not constitute a defence or cross-claim against the...
Payment applications must meet contractual requirements (Netomnia v MJ Quinn)
Construction analysis: The Technology and Construction Court (TCC) held that a contractor’s application for payment was not a valid default payment notice under section 110B(4) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) because it failed to comply with contractual requirements. The application omitted certain...
Commission launches call for evidence on EEA and EIONET evaluation
The European Commission has launched a call for evidence for an evaluation of the European Environment Agency (EEA) and the European Environment Information and Observation Network (Eionet) covering the period of 2022–26. The evaluation will assess the effectiveness, efficiency, relevance, coherence and EU added value of both organisations. It will...
Directors' fiduciary duties, assigned claims and unauthorised use of company funds (McCarthy v Marshall)
Restructuring & Insolvency analysis: The High Court considered claims brought by the assignee of two companies' causes of action against a director for breach of fiduciary duty and misuse of company assets. The court held that operating an unauthorised director's loan account by charging personal expenses to the company without shareholder approval...
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