Q&As

What is the difference between an appeal and a review?

read titleRead full title

Published by a ³ÉÈËÓ°Òô Restructuring & Insolvency expert
Published on: 06 December 2013
imgtext

What is an appeal?

An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a serious procedural or other irregularity in the proceedings in the lower court'. Further, permission from either the lower or higher court will be needed to apply to appeal the decision. For further reading on this, see

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes. Firstly, fraudulent trading is a criminal offence under section 993 of the Companies Act 2006 (CA 2006). Secondly, a civil remedy arises under

Cayman Islands—just and equitable petition stayed pending arbitration (FamilyMart China Holding Co Ltd v

Restructuring & Insolvency analysis: The Privy Council held that a just and equitable winding-up petition by a minority shareholder in a Cayman Islands company, alleging a loss of trust and confidence in the majority shareholder and the management of the company's affairs, and an irretrievable

Misfeasance claims under section 212 of the Insolvency Act 1986

Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any