Q&As

A is in administration and B had previously contracted with A for the hire of equipment. The administrator has invited B to collect the goods, but there is no practical or viable method for B to do so. Can B compel the administrator to return the goods to B or enable safe access for collection as an expense of the administration in order to prevent further rental charges?

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Published on LexisPSL on 21/05/2018

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • A is in administration and B had previously contracted with A for the hire of equipment. The administrator has invited B to collect the goods, but there is no practical or viable method for B to do so. Can B compel the administrator to return the goods to B or enable safe access for collection as an expense of the administration in order to prevent further rental charges?
  • Administrator's roles and duties
  • Hire agreements and return of the goods
  • Administration expenses

Administrator's roles and duties

The administrator’s roles and functions are set out in paragraph 3 of Schedule B1 of the Insolvency Act 1986 (IA 1986). The administrator acts for all creditors, not just the entity that appointed them. They are an officer of the court, whether appointed by the court or otherwise, and therefore have to comply with the duty applicable to officers of the court and act honourably and fairly.

For more guidance on the duties and powers of an administrator, see Practice Note: Roles, powers, functions and duties of an administrator and Commentary: General duties of the administrator: Tolley’s Insolvency Law Service [A5221].

Hire agreements and r

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