Insolvency Act 1986, Schedule 8, paragraph 17

Financial provisions

SCHEDULE 8 Provisions Capable of Inclusion in Company Insolvency Rules

17 Provision as to the fees, costs, charges and other expenses that may be treated as the expenses of a winding up.

Cases considering Schedule 8, paragraph 17 3

Regina v Jones (On Appeal from the Court of Appeal (Criminal Division))

[2002] UKHL 6 · 20 February 2002Interprets

The word “may” in the power to make provision about liabilities treated as winding-up expenses does not introduce an additional equitable test. It reflects the liquidator’s right to reimbursement for liabilities within the rules (see paras [12]; [17]).

Lewis v Commissioner of Inland Revenue & Ors

[2000] EWCA Civ 274 · 2 November 2000

Confirms the statutory context for rules specifying expenses of a winding up. The provision supported the conclusion that section 115 should not be read as independently covering every properly incurred expense. (see paras [13]; [29]-[32])

Exeter City Council v Bairstow & Ors

[2007] EWHC 400 (Ch) · 2 March 2007Defines

Schedule 8 paragraph 17 provides the rule-making power used for the liquidation expenses provisions. (see para [33])

What each judgment says about Schedule 8, paragraph 17 is in the case-law panel in the full Act.