Insolvency

Office holder of insolvencies not performing functions - court having jurisdiction to appoint temporary additional office holdersClements and another v Udall: ChD (Neuberger J): 30 June 2000

The applicants applied, without notice, to have a former partner of their accountancy firm replaced as the office holder of various insolvencies.Cormac Smith, solicitor (Smiths, Harpenden) for the applicant.Held, standing the application over, that where the existing office holder was not performing his functions the court had power under either the Insolvency Act 1986 or its inherent jurisdiction to appoint temporary additional trustees, supervisors, administrators or liquidators; and that, in all the circumstances, while it was not appropriate to grant the application without notice, the applicants should be appointed as temporary additional office holders pending the hearing on notice.