![[2025] EWHC 2760 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
the conduct of the parties
the conduct of the parties;
any prejudice to any person if the admission is withdrawn or not permitted to be withdrawn;
what stage the proceedings have reached; in particular, whether a date or period has been fixed for the trial;
the prospects of success of the claim or of the part of it to which the admission relates; and
- Heading
- Introduction
- The relevant facts
- Amendment to rely upon the statutory release
- Amendment to rely upon the Limitation Clause
- the conduct of the parties
- the interests of the administration of justice.”
- The merits of the Limitation Clause amendment
- In Fakhry v Pagden [2020] EWCA Civ 1207 ; [2021] B.C.C. 46 , a case arising out of the same facts as the case before me, but in relation to a different aspect, concerning alleged procedural irregulari
- The statutory trust is explained in Goode on Principles of Corporate Insolvency Law (5th edition) (" Goode ") at paragraph 3-09 as follows
- The case usually cited for this proposition is a tax case in the House of Lords, Ayerst (Inspector of Taxes) v C. & K. (Construction) Ltd [1976] A.C. 167 ("Ayerst") As Goode goes in to explain at paragraph 3-10, this is a particular type of trust tha
- "The company thus holds the assets for statutory purposes, not for persons." Clearly, as the trustee of a statutory trust, a liquidator is a fiduciary and owes corresponding fiduciary duties, such as a duty not to profit otherwise than through the re
- Determination of the amendment application
- Conclusions