5 Power to bring or defend any action or other legal proceedings in the name and on behalf of the company.
Definitions used in Schedule 1, paragraph 5 1
- the company
2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.
Defined in Sch.4ZZA para.2 · see it in the full Act
Cases considering Schedule 1, paragraph 5 3
Sutton v GE Captial Commercial Finance Ltd & Ors
The power to bring and defend proceedings in the company’s name was enabling and did not automatically suspend the directors’ power to institute proceedings where charged assets were not threatened. (see paras [44]-[50])
Smith (Administrator of Cosslett (Contractors) Limited v. Bridgend County Borough Council
The paragraph authorised the administrator to bring an action in the company’s name and on its behalf. It supported the company’s entitlement to pursue the conversion claim while relying on section 395 (see paras [30]-[32]).
Blue Co International LLP, Re
Schedule 1 paragraph 5 was identified as conferring power to bring or defend legal proceedings in the company’s name and on its behalf. (see para [37])
What each judgment says about Schedule 1, paragraph 5 is in the case-law panel in the full Act.