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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 JUN 2012

Administration - Twelve Months of Law and Practice

Catherine Burton & Nicholas Briggs

DLA Piper & Guildhall Chambers

Entry and Exits into Administration

1.       It has been a busy year for Administrators dealing with issues of entries and exits. One major issue for office-holders concerns out of court appointments and the question of whether or not there has been a proper appointment. At the date these notes were drafted there remains great uncertainty for practitioners. The Chief Registrar has petitioned the Insolvency Service in the hope that it may use its influence to provide greater clarity and the Chancery Division judges have called for clarity from the Court of Appeal. A number of articles have been written about the subject and members of Guildhall Chambers have participated in many talks. As the position is well known it is not intended to talk about this subject at the seminar but it is touched on below by reference to a useful Insolvency Lawyers' Bulletin after dealing with Special Administration Orders and issues arising about entering administration [For detailed notes see the Guildhall Chambers website for a paper produced by Jeremy Bamford and Christopher Brockman earlier this year: http://www.guildhallchambers.co.uk/uploads/docs/section9/Invalid_Administrator_Appointments_ChrisBrockman_JeremyBamford_Feb2012.pdf.].

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