At the Tribunal | |
Before
HIS HONOUR JUDGE PETER CLARK
(SITTING ALONE)
APPELLANT | |
(2) OLWEN DIRECT MARKETING SERVICES (CROYDON) LTD (IN LIQUIDATION) |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | MR THOMAS KIBLING (of Counsel) Instructed by: Messrs Browne Jacobson Solicitors 44 Castle Gate Nottingham NG1 7BJ |
For some of the First Respondents For other of the First Respondents |
MR DESHPAL PANESAR (of Counsel) Instructed by: Messrs Thompsons Solicitors Congress House Great Russell Street London WC1B 3LW Written submissions |
For the Second Respondent | No appearance or representation by or on behalf of the Second Respondent |
As an Observer | MR DAVID MCILROY (of Counsel) Instructed by: Messrs Moorhead James Solicitors Kildare House 3 Dorset Rise London EC4Y 8EN |
SUMMARY
Transfer of Undertakings: Transfer
Practice and Procedure: Appellate jurisdiction/reasons/Burns-Barke
Relevant transfer - perversity - issue raised and not contested – not permitted to be re-opened on appeal.
HIS HONOUR JUDGE PETER CLARK QC
The Issue
"(1) These regulations apply to -
(a) a transfer of an undertaking or business or part of an undertaking or business situated immediately before the transfer in the United Kingdom to another person where there is a transfer of an economic entity which retains its identity;…"
The Facts
The Tribunal's Conclusions
The Appeal
"The exception referred to in regulation 8(7) does not apply in this case. Regulation 8(7), which is new to the 2006 Regulations, provides:
'Regulations 4 and 7 do not apply to any relevant transfer where the transferor is the subject of bankruptcy proceedings or any analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor and are under the supervision of an insolvency practitioner'."