The conflict administrator
Produced in partnership with Stephen Taylor of Isonomy Limited
The conflict administrator

The following Restructuring & Insolvency practice note Produced in partnership with Stephen Taylor of Isonomy Limited provides comprehensive and up to date legal information covering:

  • The conflict administrator
  • Brexit impact
  • Definition
  • Situations when a conflict might arise
  • Court reluctance to interfere in conflict situations
  • Circumstances in which a conflict needs to be managed
  • Nortel
  • Role of the conflict administrator
  • The legal status of the conflict administrator
  • Comparison with the role of group coordinator

Brexit impact

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the European Union. For further details of the impact on the Recast Regulation on Insolvency, see Practice Note: Brexit—impact on Recast Regulation on Insolvency. In particular, for the impact on administrations, see Practice Note: Brexit—impact on administration.

We will continue to monitor developments in this respect and throughout the negotiation period and beyond. In the meantime, for further reading on the impact of Brexit and related issues facing lawyers in this area, see Practice Note: Brexit—worst case scenarios for R&I lawyers [Archived].

For updates and details of other Brexit related developments and legislation, see Practice Note: Brexit SI tracker for R&I practitioners. For access to related documents and further reading on Brexit, see: Brexit toolkit.

Definition

The term 'conflict administrator' in this Practice Note applies to an insolvency practitioner (IP) appointed as administrator for the specific purpose of handling specific matters in circumstances where a previously appointed administrator is unable to act due to a conflict of interest.

This Practice Note uses the term 'conflict administrator' but the principles and law discussed apply to equally a conflict liquidator or any other person appointed as an office-holder in a insolvency procedure to handle conflict situations faced by a previously appointed office-holder.

Situations when a conflict might arise

As many have noted, the work of

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