Adjudication Matters, May: a Slip Rule slip-up; and more

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In what circumstances can additional administrators be appointed?

By Simon Clark, Gawain Moore According to a recent case, Zinc Hotels (Investment) Limited and others v Beveridge and others [2018] EWHC 1936 (Ch), the court does not have power to appoint additional administrators except within the constraints of paragraph 103 of Schedule B1 to the Insolvency Act 1986. Where administrators are appointed out of court by the […]

What is the extent of a secured creditor’s equitable duty to a guarantor?

By Simon Clark, Gawain Moore In General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd[2018] the Court of Appeal had to consider if and when a commercial lender’s acts or omissions in relation to its security will release a guarantor from its obligations. The court found that in the absence of express terms, any equitable duty […]

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