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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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