Question
My client is buying a property from a receiver appointed under an equitable charge granted by a company which has become insolvent. The charge gives a receiver a power of sale and contains a power of attorney. Will the receiver be able to sign all the necessary documents to allow the transaction to proceed to completion?
Answer
United Kingdom, Company & Commercial, Insolvency & Restructuring, Real Estate, Charles Russell Speechlys, Liquidation, Companies Act
RE: BPE SOLICITORS & ANOTHER V GABRIEL [2015] UKSC 39
The Supreme Court considered whether a trustee in bankruptcy who was considering adopting proceedings and lodging an appeal should be personally liable for historic adverse costs which had been awarded against the bankrupt prior to the commencement of the bankruptcy.
A Trustee in Bankruptcy’s liability for litigation costs
United Kingdom, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Bankruptcy, Costs in English law, Solicitor, Insolvency Act 1986 (UK)