Index card Financial Conduct Authority v Carillion plc

Financial Conduct Authority v Carillion plc

Hearings

England & Wales

27 Oct 2021 [2021] EWHC 2871 (Ch); [2022] Ch 162; [2022] 2 WLR 367; [2022] 1 BCLC 66; [2021] WLR(D) 561, Ch D (Michael Green J)

Subject Matter

INSOLVENCY — Winding up — Proceedings against company — Financial Conduct Authority commencing sanction process by giving company warning notice in respect of alleged market abuse and breach of listing rules — Whether sanction process “action or proceeding” requiring leave of court where company in liquidation — Insolvency Act 1986 (c 45), s 130(2) — Financial Services and Markets Act 2000 (c 8), ss 91, 123

[2021] EWHC 2871 (Ch); [2022] Ch 162; [2022] 2 WLR 367; [2022] 1 BCLC 66; [2021] WLR(D) 561, Ch D

Commentary

Blackstones Civil Practice 2023
Litigation against Persons Subject to Insolvency Proceedings - General principles governing the exercise of discretion to grant permission - Purpose of the provisions 84.32

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