Hearings
England & Wales
27 Jul 2004 [2004] EWHC 1760 (Ch); [2005] 1 BCLC 1, Ch D (Lloyd J)
18 Jan 2006 [2006] EWCA Civ 7; [2006] Ch 610; [2006] 2 WLR 1369, CA
In re SSSL Realisations (2002) Ltd
Additional names
In re Save Group plc
Subject Matter
INSOLVENCY — Winding up — Proof in liquidation — Inter-company debts — Applications by liquidators of companies in group — Effect of debt postponement agreement between companies and third party — Agreement requiring companies to indemnify third party in priority to own inter-company claims in event of insolvency — Whether company liquidators entitled to disclaim agreement as “onerous property” — Rule preventing person sharing in fund while his debts to fund unpaid — Whether applying to competing claims between liquidators of companies where set-off precluded by rule against double proof — Insolvency Act 1986, s 178(3)(a)
Appellate History
In re SSSL Realisations (2002) Ltd [2004] EWHC 1760 (Ch); [2005] 1 BCLC 1, Ch D
Decision of Lloyd J affirmed
In re SSSL Realisations (2002) Ltd [2006] EWCA Civ 7; [2006] Ch 610; [2006] 2 WLR 1369, CA