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The new quicker and cheaper out of court appointment process of administrators introduced by the Enterprise Act 2002 has brought in its wake continuing problems in respect of the validity of appointments.
The issues, initial cases, and practical solutions are by now well known. However recent decisions have highlighted new areas of irregularity and the Court’s reluctance to make an order solely for the purpose of validating an otherwise invalid appointment where the requirements of Schedule B are not made out at the time of the application for an administration order.
The most recent case law is summarised below.
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