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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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