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M - Management by directors


29/5/20

DEARING v SKELTON [2020] EWHC 1370 (Ch)

Considers the role of management during an administration [22].  On the facts administrators had been entitled to conclude that appointing new directors to resume control of management when the administration ended was not in accordance with the purpose of the administration.  The evidence did not establish that new appointments were necessary to protect the company’s interests and value, but it would be necessary for the administrators to review the position in due course once the financial position was clearer.