UK: HIGH COURT DOES NOT HAVE THE AUTHORITY TO STOP A CRIMINAL TRIAL IN MAGISTRATES’ COURT TO PROTECT THE CREDITORS OF A COMPANY IN VOLUNTARY LIQUIDATION

An article from Out-Law on 25th November concerned a case where a company that recycled non-hazardous waste had entered into creditors’ voluntary liquidation.  Subsequently, the National Resource Body for Wales (NRBW) took criminal proceedings against the company and its directors in the Magistrates Court over multiple alleged offences.  The liquidators sought an order to stay the criminal proceedings.  The judge is quoted as saying that the criminal proceedings should not be stayed in any event because the wider public interest to prosecute for serious environmental offences outweighs the disadvantage of the cost to Paperback’s creditors of defending the case and paying any fines.

https://www.pinsentmasons.com/out-law/legal-updates/high-court-cannot-stay-liquidated-companys-magistrates-court-case

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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