Insolvent Defendants Part 2 (April 2006, Simon Edwards)

Articles12th June 2006

This article was originally published in Kemp News in April 2006.

“In the September issue of Kemp News I dealt with the mechanics of starting or continuing proceedings against an insolvent defendant. Since then, there have been two cases that neatly illustrate the complexities that can arise in relation to limitation where the potential defendant has become insolvent. One was Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd (In Creditors’ Voluntary Liquidation) (2005) (2005) EWCA Civ 1408, the other (an asbestos case that did not directly consider limitation issues) Re T&N Ltd & Ors (2005) (2005) EWHC 2870 (Ch). The purpose of these notes is to try to summarise how these cases leave the issue of limitation when a potential defendant is insolvent…”