115.4 Grant of permission by the court

The principles as to grant of permission to enforce a security were considered by the Court of Appeal in Re Atlantic Computer Systems plc1 under the previous legislation and there seems no reason to suppose that these have not been carried over into the present legislation. The principles as there stated are as follows:

  1. 115.4.1

        It is in every case for the person who seeks permission to make out a case for him to be given permission.

  2. 115.4.2

        The prohibition set out in the Insolvency Act 19862 is intended to assist the company, under the management of the administrator, to achieve the purpose for which the administration order was made. If granting permission to a lessor of land or

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