15 July 2016
Evans and another v Jones and another [2016] EWCA Civ 660, [2016] All ER (D) 36 (Jul)
The Court of Appeal allowed the joint liquidators’ appeal against a judgment that had ruled on their application under s 239 of the Insolvency Act 1986. The judge had erred in having taken into account, in assessing the solvency of the company, a dividend that had been paid to the defendant director/shareholders which had been shown during the course of the liquidation to have been an unlawful dividend.
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