Morwenna Macro successfully obtained an order re-appointing the former-Liquidator and deferring dissolution, to enable undisclosed assets to be distributed.

7th April 2021

In Re Blenheim Shipping UK Ltd (In Liquidation) [2020] EWHC 3707 (Ch) [2020] 10 WLUK 179, Morwenna appeared for the former-Liquidator, who became aware of new assets during the 3 month period prior to dissolution. Upon hearing the urgent application, ICC Judge Burton agreed that there was a potential lacuna in the Insolvency Act and held that it was “entirely appropriate” to grant an order deferring dissolution and re-appointing Mr Robert as Liquidator:

4 Ms Macro’s skeleton argument has helpfully drawn my attention to a potential lacuna in the Insolvency Act, which appears to anticipate in the terms of section 201 that the liquidator will still be in office, albeit that this conflicts with the provisions of section 171, where the liquidator vacates office as soon as he has sent his final account to the Registrar of Companies. It is for this reason that an order is sought pursuant to section 108 of the Act, which provides that, “If from any cause whatever, there is no liquidator acting, the court may appoint a liquidator.”

5 It is in my judgment entirely appropriate that the court should exercise its powers in this case pursuant to section 201(3) to defer the date of dissolution and section 108 to reappoint Mr Robert. (…)

ICC Judge Burton also made an order providing for the Liquidator’s costs (there being no power to make a retrospective order).

Morwenna Macro was instructed by Sarah Jackson of IBB Solicitors on behalf of Ian Robert of Moore Kingston Smith. A copy of the judgment can be found here.