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Insolvency

13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
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Re GP Aviation Group International (in liquidation) Ltd Williams v Glover and another [2013] EWHC 1447 (Ch), [2013] All ER (D) 41 (Jun)

The question arose in proceedings between the liquidators and former directors of a company as to whether the right to appeal against a tax liability constituted the ‘property’ of the company. Consideration was given to s 436 of the Insolvency Act 1986. The court ruled, first, that the classical definition of a chose in action was that it described “all personal rights of property which could only be claimed or enforced by action and not by taking physical possession.” A bare right to appeal against what would otherwise be a liability did not satisfy that definition. Secondly, the authorities maintained a distinction between a chose and the remedies available for its enforcement. The right to a remedy was an incident of the ownership of the chose. It was not something that was capable of being sold or assigned separately from the right to which it related. The right of appeal was a right conferred on

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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