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Insolvency

30 June 2011
Issue: 7472 / Categories: Case law , Law digest , In Court
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Re Derfshaw Ltd and others [2011] EWHC 1565 (Ch), [2011] All ER (D) 144 (Jun)

The court was concerned with whether it had jurisdiction to make an administration order retrospectively, and if so, whether it should exercise that jurisdiction to make such an order. Consideration was given to G-Tech Construction Ltd [2007] BPIR 1275 (G-Tech) in which the judge had taken the view, inter alia, that the court did have power pursuant to para 13 of Sch B1 to the Insolvency Act 1986 to make a retrospective order, and to declare that the earlier actions of the persons who were purportedly administrators at the earlier time should be ratified as valid in all respects. In allowing the application, the court held that the lead of G-Tech would be followed. 
 

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