The court shall adjust the rights of the contributories among themselves and distribute any surplus among the persons entitled to it.
Cases considering section 154 3
The Joint Administrators of LB Holdings Intermediate 2 Limited v The Joint Administrators of Lehman Brothers International (Europe) and others
The requirement to adjust contributories' rights and distribute any surplus reinforced the incompatibility of allowing a company to prove speculatively for future calls before liquidation. (see paras [132]; [163])
Scott-Hake & Anor v Frost & Anor
Confirms that section 154 provides for adjustment among contributories and distribution of any surplus where the statutory fund exceeds the liabilities and winding-up costs.
Lehman Brothers International (Europe) & Ors, Re
Confirms the court’s duty to adjust contributories’ rights and distribute any surplus. (see para [146])
What each judgment says about section 154 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Modifications
- C431S. 154 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 2