Applications were made for the removal of a liquidator from several appointments in corporate nd individual insolvencies. He had been a partner in a firm and that had ceased in a way which left it impossible to work with his former partners to perform his duties.
Held: The appointments were personal, and the only practical course was for his removal. The court has jurisdiction to make such an order under the 1986 Act. The more testing question was as to whether the court could make an alternative appointment. Though there was no such express power in the Act, the rules presupposed it.
Judges:
Blackburne J
Citations:
Unreported, 17 October 1997
Statutes:
Insolvency Act 1986 108(2) 172(2)
Jurisdiction:
England and Wales
Citing:
Cited – Re Bridgend Goldsmiths Limited and Others ChD 1995
The High court may not exercise its jurisdiction under section 263 of the 1986 Act within a voluntary arrangement within the county court. . .
Cited – John Abbott and others No 00137 of 1997 ChD 1997
Having exercised its power under s41 to remove liquidators and supervisors, the court had power itself to appoint replacement officers. The existing practitioner had ceased to hold the appropriate authorisation. . .
Cited – Re Bullard and Taplin Ltd ChD 1996
Tne question of whether there was at any time ‘pending court proceedings’ was answered by asking if there existed a court file. The section empowered a court itself to appoint another trustee in bankruptcy. Section 41 of the 1984 Act could be used . .
Cited – In re Sankey Furniture Ltd, ex parte Harding; Re Calorifique Limited, ex parte Betts ChD 1995
Separate applications were made by liquidators of companies in variously voluntary or compulsory liquidation and otherwise. . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 07 May 2022; Ref: scu.246700