Re MC Bacon Ltd (No 2) (original) (raw)

Re MC Bacon Ltd [1991] Ch 127 is a UK insolvency law case relating specifically to the recovery the legal costs of the liquidator in relation to an application to set aside a floating charge as an unfair preference. The court held that because the right of action was vested in the liquidator (rather than the company itself) then those claims were not claims for realising or getting in the assets of the company, and therefore were not expenses of the liquidation. Accordingly they were not recoverable under the preferential regime reserved for expenses of the liquidation.