The High Court has set 4 May 2012 as the deadline for creditors and claimants to prove debts or claims against Unidare Plc, which is in members’ voluntary liquidation. Those who miss the deadline may, subject to any further court order, be excluded from distributions made before their debts or claims are proved.
In a judgment delivered on 16 March 2012, Miss Justice Laffoy also directed the liquidator, David Hughes, to advertise the order in three newspapers and notify specified solicitors by 30 March. He must write to the Health and Safety Authority seeking any information it holds about asbestos or mesothelioma claims against the company, to be provided by 4 May.
The application arose from personal injury claims by former employees of Unidare or predecessor companies, allegedly linked to asbestos exposure. The liquidator had details of six claims, four of which had been disposed of. Two claims remained unpursued despite the liquidator notifying the claimants’ solicitors that the liquidation was nearing its conclusion. The judgment also addressed a claim involving Wessel Energy Cables Ltd; the evidence before the court included an unserved plenary summons and stated that Wessel had been dissolved.
The company was solvent and financially healthy when it entered liquidation in 2006, and the liquidator held substantial assets for distribution to members. The difficulty was the possibility of old claims emerging years after exposure. The judgment noted that employee lists for the relevant 1950–1980 period were unavailable and that the liquidator could not establish the insurance position before 1975. Cover had been identified from 1975, but questions remained about excesses and whether insurers acknowledged cover for claims that were not statute-barred.
The court was satisfied that the liquidator had taken all steps reasonably open to him to establish the company’s debts and investigate potential claims and insurance. However, it said further information about insurance and possible claims was needed. The remainder of the application was adjourned until after 4 May 2012, so the liquidator could report on the notices, inquiries and insurers’ position. The judgment did not determine the validity of future or unresolved injury claims, nor did it make the requested final direction allowing the liquidation account and dissolution steps to proceed.