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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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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