header-logo header-logo

28 July 2011
Issue: 7476 / Categories: Case law , Law reports , In Court
printer mail-detail

Insolvency—Administrator—Removal

Finnerty and another v Clark and another [2011] EWCA Civ 858, [2011] All ER (D) 201 (Jul)

Court of Appeal, Mummery, Carnwath and Richards LJJ, 21 July 2011

The court has statutory power to remove and replace company administrators, but it first has to be established by the evidence that there is a good or sufficient ground or cause for the removal and replacement; only then can the court properly proceed to consider the exercise of its discretion by having regard to all the relevant factors for and against an order for removal.

Bridget Williamson (instructed by Coyle White Devine) for the appellants. Jamie Riley (instructed by Ingram Winter Green) for the respondents

The questions before the court on a second appeal were (i) what were good and sufficient grounds for the court’s exercise of its discretion under the Insolvency Act 1986 (IA 1986) to remove administrators from office; and (ii) in what circumstances should a court on appeal disturb a first instance decision to remove administrators. At first instance the registrar granted the appellants’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
back-to-top-scroll