A block order had been made transferring the duties of an insolvency practitioner to another. In the case of an individual practitioner resigning, a creditor would have to be notified so as to be allowed to object. Here, the applicant sought a review of the transfer ordered by the court, having been notified after the event.
Held: The applicant first had to show a locus standi, by showing that it was a creditor. The court would then ask if, if the objections had been made at the time, the order would still have been made. It should be approached as a rehearing rather than as an appeal. The issue might also be affected by whether the creditor complaining was a majority or minority creditor. Here, the objections were real, but the original practitioner could not be re-instated. The new appointments were discharged where the applicant had an interest.
Judges:
Gilliland QC J
Citations:
Times 20-Mar-2003
Statutes:
Insolvency Rules 1986 (1986 No 1925)
Jurisdiction:
England and Wales
Insolvency
Updated: 21 July 2022; Ref: scu.180390
