GLOSSARY
Cross-Border Mergers Regulations definition
What does Cross-Border Mergers Regulations mean?
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Challenges to administrators—action for unfair harm
Challenges to administrators—action for unfair harm As a basic rule administrators enjoy a great deal of protection. Their agency status means they rarely incur personal liability, and the company over which they are appointed is protected by the moratorium that comes with the administration. However, the administrator is not immune from challenge by creditors. An administrator has wide powers and discretion in the conduct of an administration and, as a result, the courts are generally reluctant to interfere with the conduct of the administration, unless absolutely necessary. However, there are occasions when an administrator's conduct may need to be challenged if they have acted improperly and a creditor is harmed as a result. Challenge under paras 74 and 88 of Schedule B1 to the Insolvency Act 1986 There are two main provisions which allow a challenge to the administrator's conduct. The first, paragraph 88 of Schedule B1 to the Insolvency Act 1986 (IA 1986), gives the court the power to remove an administrator. See Clydesdale Financial Services v Smailes. The other provision—and the provision with which this Practice Note is concerned—is where a creditor or a member of a company in administration may apply to the court under IA 1986, Sch B1, para 74 claiming that: • the administrator is acting or has acted so as unfairly to harm the interests of the applicant (whether alone or in common with some or all other
Brexit post implementation period—CPR changes [Archived]
Brexit post implementation period—CPR changes [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, and The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, SI 2020/1493, as well as the associated changes to relevant practice directions set out in the Making documents for the 107th, 122nd and 126th practice direction updates. Note the 126th practice direction update made various minor amendments to the 107th practice direction. Those amendments were to ensure, or were consequential on changes made to existing EU Exit instruments, to ensure alignment with the Withdrawal Agreement reached between the EU and the UK: • CPR Parts subject to amendment—Part 5, Part 6, Part 8, Part 12, Part 13, Part 25, Part 30, Part 31, Part 32, Part 34, Part 63, Part 68, Part 74 and Part 78. The regulations also set out the transitional and saving provisions • practice directions subject to amendment/deletion—CPR Practice Direction 6A, CPR Practice Direction 6B, CPR Practice Direction 12, CPR Practice Direction 31C, CPR Practice Direction 34A, CPR Practice Direction 49A, CPR Practice Direction 51U, CPR Practice Direction 52D, CPR Practice Direction 63A, CPR Practice Direction 68, CPR Practice Direction 74A, CPR Practice Direction 74B, CPR Practice Direction 78 as
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