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Creditors wishing to challenge the conduct of an administration face a high bar (Re Taylor Pearson (Construction) Ltd (in administration))

Published on: 21 December 2020
Published by: LexisPSL
  • Creditors wishing to challenge the conduct of an administration face a high bar (Re Taylor Pearson (Construction) Ltd (in administration))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Restructuring and Insolvency analysis: The High Court has issued guidance on a range of issues, including (i) whether an administrator will be guilty of causing ‘unfair harm’ to unsecured creditors (within the meaning of paragraph 74 of Schedule B1 to the Insolvency Act 1986) by opting for a distributing administration rather than moving the company to liquidation, (ii) when it is necessary to put administrators’ proposals to unsecured creditors for approval, and (iii) when the court will be prepared to interfere with an administrator’s decision regarding which statutory objective of administration to pursue. Written in partnership with Eleanor Temple, barrister at Kings Chambers and counsel for the administrators. or take a trial to read the full analysis.

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