Gardner v Lemma Europe Insurance Company Ltd (in liquidation)

Company – Winding up. The Court of Appeal, Civil Division, dismissed an appeal against a judge's refusal to lift an automatic stay on proceedings being brought against the respondent, a company in liquidation. On the facts, the applicant had not established that he had a seriously arguable claim for an indemnity under his insurance policy with the respondent and, in the circumstances, the judge had not been wrong to refuse to exercise his discretion in favour of lifting the stay.

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