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
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
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)
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])
- The Connaught Income Fund, Series 1 v (Capita Financial Managers Ltd & Anor
- Southern Pacific Personal Loans Ltd, Re
- Williams v Glover & Anor
- Ruttle Plant Ltd v Secretary of State for Environment Food & Rural Affairs No. 2
- Lloyd Edward Hinton & Anor (as joint administrators of Kession Capital Limited) v KVB Consultants Limited & Ors
1 more judgment, and what each says about Schedule 4, paragraph 4, are in the case-law panel in the full Act.