Insolvency Act 1986, Schedule 4, paragraph 12

SCHEDULE 4 Powers of Liquidator in a Winding Up

12 Power to appoint an agent to do any business which the liquidator is unable to do himself.

Cases considering Schedule 4, paragraph 12 3

TayTime Limited v Secretary of State for Levelling Up, Housing and Communities & Ors

[2024] EWHC 1053 (Admin) · 7 May 2024Limits

Limits the power to appoint an agent to delegation of specific tasks. It does not permit a liquidator to delegate wholesale the discretionary control required in the conduct of company litigation (see paras [78]–[82], [122]–[125]).

Taytime Limited as the appointed Agent for and on behalf of Monks Lakes Limited v Secretary of State for Levelling Up Housing and Communities & Ors

[2023] EWHC 1522 (Admin) · 21 June 2023Limits

Paragraph 12 was relied on as the source of the liquidators’ power to appoint Taytime as agent. The court left open whether the power extended to delegating professional judgment required in a planning appeal, holding only that the issue was arguable. (see paras [27], [30]-[32])

Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd

[2019] EWHC 2651 (TCC) · 10 October 2019Limits

The statutory power to appoint an agent did not determine the character, enforceability or public-policy consequences of the funding agreement made with that agent (see para [115]).

What each judgment says about Schedule 4, paragraph 12 is in the case-law panel in the full Act.