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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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