International Corporate Rescue
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Article preview
Abigal Boura v LYHFL Limited [2023] EWHC 2585 (Ch)
Will Snowden, Associate, and Kanav Kothari, Trainee Solicitor, Freshfields Bruckhaus Deringer LLP, London, UKSynopsis
The case deals with an application by one of the two directors of a company for the appointment of an administrator in respect of the company. The application was sought as 'the director of the company' under paragraph 12(1)(b) Schedule B1 of the Insolvency Act 1986 ('IA 1986'). The application was opposed by the other director of the company on the grounds that one of two directors has no standing to apply for an administrator. The Court dismissed the application and held that without the approval of the majority of the directors and without a valid board resolution, one of two directors lacked the authority and has no standing to apply for the appointment of an administrator under paragraph 12(1)(b).
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