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08 November 2013
Issue: 7583 / Categories: Case law , Law digest , In Court
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Insolvency

Closegate Hotel Development (Durham) Ltd and another v McLean and others [2013] EWHC 3237 (Ch), [2013] All ER (D) 308 (Oct)

On the true construction of Sch B1 to the Insolvency Act 1986, and applying settled law, the concept of “management power” was primarily intended to catch powers which, if exercised by the directors, could impede the exercise of similar powers by the administrators. Paragraph 64 of Sch B1 to the Act was not intended to catch a power on the part of the directors to cause the company to make an application challenging the logically prior question of whether the administrators had any powers to exercise at all. It was settled law that, even after the appointment of a provisional liquidators, the board of directors of a company retained a residuary power to instruct lawyers to challenge the appointment of the provisional liquidator, to oppose the petition and, if a winding up order was made, to appeal against the making 
of that order. Neither of the cases were authority for the proposition that the directors of a company

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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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