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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

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The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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