“…That this is the position is confirmed by the decision of this Court in re Claybridge Shipping Co SA [1997] 1 BCLC 572, where all three members of the Court said that the practice of the Companies Court was just that, a matter of practice, that could be departed from if the cir…”
“…at the court retains a discretion to do so: Brinds Ltd v Offshore Oil NL (1986) 2 BCC 98,916 per Lord Brightman at 98,921 and 98,922; Claybridge Shipping Co SA [1997] 1 BCLC 572 per Oliver LJ at 578h; Parmalat Capital Finance Ltd v Food Holdings Ltd (in liquidation) [2008] BCC 371 per Lord Hoffmann at [9]; and Tallington Lakes Ltd v An…”