Source: All England Reporter
Publisher Citation: [2009] All ER (D) 205 (Jun)
Neutral Citation: [2009] EWHC 1389 (Ch)
Court: Chancery Division
Judge:

Henderson J

Representation Richard Sheldon QC and Marcus Haywood (instructed by Addleshaw Goddard LLP) for the bank.
Judgment Dates: 18 June 2009

Catchwords

Appointment - Receiver - Industrial and provident society - Society inviting creditor bank to appoint joint receivers and managers - Whether bank able to appoint joint receivers and managers - Whether an industrial and provident society could be defined as a company for purposes of Companies Acts - s 72A.

The Case

Appointment Receiver. Chancery Division: The bank was entitled to a declaration that Pt III of the Insolvency Act1986 Act did not apply to its appointment of joint receivers and managers of an industrial and provident society, and, in particular, that the prohibition in s72A of the 1986 Act did not apply.

Practice Areas

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