Insolvency Act 1986, Schedule 4, paragraph 4

SCHEDULE 4 Powers of Liquidator in a Winding Up

4 Power to bring or defend any action or other legal proceeding in the name and on behalf of the company.

Definitions used in Schedule 4, paragraph 4 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 4, paragraph 4 9

Dr Sven-Holger Undritz & Ors v D’Amico Tankers DAC

[2026] EWHC 157 (Comm) · 11 February 2026Defines

Defines the relevant liquidator’s power under English law. A liquidator could bring these debt claims in the name of the company, so the claims were treated as company claims for security-for-costs purposes. (see para [7](a))

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

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

Identifies the liquidator’s power to bring or defend proceedings in the company’s name and on its behalf (see paras [78]–[82]).

Allen & Anor, Re Longmeade Ltd (In Liquidation) (Rev 1)

[2016] EWHC 356 (Ch) · 25 February 2016Limits

Paragraph 4 identifies the power to bring or defend proceedings. Under the amended scheme, that power may be exercised by a compulsory liquidator without sanction. (see paras [44]-[45], [56]-[60])

1 more judgment, and what each says about Schedule 4, paragraph 4, are in the case-law panel in the full Act.