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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

09 MAR 2012

Administrations - A Triumph of Forms over Substance?

The Flood of Invalid Administrator Appointments

1.       The new, quicker and cheaper out of court appointment process of administrators introduced by the Enterprise Act 2002 also brought in its wake new issues as to the validity of appointment, which had not arisen under the old court appointment regime and which continue to trouble practitioners. The issues concerning validity, initial cases and practical solutions were highlighted in a previous paper[1]. In summary, it will be recalled that:


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