In HMRC v Rochdale Drinks Distributors Ltd (CA – 13 October) HMRC formed the opinion that a company (R) had been involved in significant MTIC fraud.
They presented a winding-up petition and applied to the Ch D for the appointment of a provisional liquidator. Peter Smith J granted the application.
Floyd J subsequently revoked the appointment but the CA unanimously reversed this decision and restored the appointment.
Rimer LJ observed that ‘in cases in which there are real questions as to the integrity of the company’s management and as to the quality of its accounting and record-keeping function it will be an importantpart of a liquidator’s function to ensure that he obtains control of its books and records so that he can engage in all necessary investigations of its transactions.
These will or may include investigations of those who have been managing...
