Pursuant to Rule 14.11 of the Insolvency Rules 2016 dealing with allegedly fraudulent proofs of debt, misconduct by the Official Receiver (Liquidator) of Empowering Wind MFC Ltd (‘EW‘) and alleged fraudulent non-disclosure by Middlesbrough Football Club and their lawyers during ex-parte financial injunction proceedings brough by the Club on 9 January 2017 to refrain presentation of EEI’s £530,000 winding up petition served on the Club on 6 January 2017.  

The application was fundamentally about the false proofs of debt made by Middlesbrough Football Club that the statutory automatically engaged rule, intended be set off entirely by the claim vested in EW.

There is not however, any single reference to the crucial keywords ‘set off’ or ‘14.25’ (as in 14.25 Insolvency Rules 2016), anywhere in any of their ‘purported determinations’ from November 2017 when EEI filed its application based on the Liquidator’s decision not to have rejected and set off, through to the very end.