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14 August 2008
Issue: 7334 / Categories: Case law , Law digest , Costs
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Insolvency

Donaldson v O’Sullivan [2008] EWCA Civ 879, [2008] All ER (D) 393 (Jul)

Section 303(2) of the Insolvency Act 1986 (IA 1986) empowers the court to appoint a new trustee in bankruptcy, which enables it to replace a trustee removed under s 298. That is also the position in compulsory liquidations under s 168(3).

Moreover, ss 292 and 297 of IA 1986 ought not to be construed so as to preclude the court from using its general powers, in relation to bankruptcy or compulsory liquidation, to appoint a new trustee in bankruptcy or liquidator upon removing such an office holder under s 298 or s 172.

Issue: 7334 / Categories: Case law , Law digest , Costs
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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