Application was made for the replacement of a number of insolvency practitioners by the Insolvency Practitioners Association Ltd.
Held: The association might as a recognised body, have locus standi to apply to the court, but it was not a matter for hard and fast rules. In this case it did not: ‘It would be most unfortunate in these cases where an insolvency practitioner becomes disqualified from acting either technically because he is no longer licensed or physically because he falls sick or conceivably because some business arrangement he enters into supersedes the arrangement he originally operated under or it may be other circumstances but in any of those conditions there should not be available which can do broaddly what it may well be the creditors could, at considerable expense to them, achieve in penny paskets.
For those reasons it does not seem proper for the Court, on this occasion, notwithstanding the fact that Mr Alpress, of course, is no longer a member of the IPA and notwithstanding the fact that in respect of some of the appointments he was jointly appointed with Mr Seabridge who is not regulated by the IPA, but has also ceased to be a licensed insolvency practitioner, to make the appointment at the motion of the IPA.’
Judges:
Knox J
Citations:
[1997] BCC 626
Jurisdiction:
England and Wales
Cited by:
Cited – In Re Sutton (Removal of Liquidator) ChD 17-Oct-1997
The insolvency practitioner held many appointments. His partnership in a large firm of accountants ended suddenly. He did not have the resources to handle the cases, and nor could acceptable arrangements be made for him to have access to the related . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 24 November 2022; Ref: scu.221561