Commentary

69 The Insolvency Act 1986

BAILMENT vol 3(1)
| Commentary

69 The Insolvency Act 1986

| Commentary

69 The Insolvency Act 1986

A final hurdle for the seller relying on a title retention clause is the Insolvency Act 1986. Put very simply, the Insolvency Act 19861 provides that no step may be taken to enforce security over the property of a company that is in administration or to repossess goods in the company’s possession under a hire-purchase agreement except with the consent of the administrator or with the permission of the court. The Insolvency Act 19862 certainly hampers the operation of ‘Romalpa3 clauses’, but such clauses are still far from extinct.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial