Insolvency Act 1986, Schedule 4, paragraph 6

SCHEDULE 4 Powers of Liquidator in a Winding Up

6 Power to sell any of the company’s property by public auction or private contract with power to transfer the whole of it to any person or to sell the same in parcels.

Definitions used in Schedule 4, paragraph 6 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 6 16

Lewis v Commissioner of Inland Revenue & Ors

[2000] EWCA Civ 274 · 2 November 2000Limits

Limits the meaning of “the company’s property” in the statutory power of sale. It does not include rights and recoveries arising only after liquidation under sections 214 or 239. (see paras [18]; [26]; [36]-[37])

Edennote Ltd, Re

[1996] EWCA Civ 1349 · 21 May 1996

Paragraph 6 was applied as authorising sale of company property by public auction or private contract. (see “Setting aside - the statutory provisions”)

Transworld Payment Solutions U.K. Limited & Anor. v First Curaçao International Bank N.V. & Anor.

[2022] EWHC 2742 (Ch) · 31 October 2022Limits

The court relied on the provision as part of the pre-reform limitation of a liquidator’s power to sell company property, which did not include section 213 claims arising only through statutory office-holder powers. (see para [167])

2 more judgments, and what each says about Schedule 4, paragraph 6, are in the case-law panel in the full Act.