Insolvency Act 1986, Schedule B1, paragraph 88

SCHEDULE B1 ADMINISTRATION

Definitions used in Schedule B1, paragraph 88 1

administrator

1 (1) For the purposes of this Act “administrator” of a company means a person appointed under this Schedule to manage the company’s affairs, business and property.

Defined in Sch.B1 para.1(1) · see it in the full Act

“administrator” has the meaning given by paragraph 1 and, where the context requires, includes a reference to a former administrator,

Defined in Sch.B1 para.111(1) · see it in the full Act

Cases considering Schedule B1, paragraph 88 17

Finnerty & Anor v Clark & Anor

[2011] EWCA Civ 858 · 21 July 2011

The court held that the wide power to remove an administrator requires evidence of a good or sufficient ground, assessed by reference to the office’s purposes and the facts. It applied that requirement and held that no such ground was established. (see [15]-[16]; [32]-[41])

Coyne & Anor v DRC Distribution Ltd & Anor

[2008] EWCA Civ 488 · 15 May 2008

Applied: the administrators' failure to recover the assets before attempting a sale was sufficient cause for their removal, had the substantive application remained live, and supported the costs order. (see para [70])

BTI 2014 LLC & Anor v Finbarr O'Connell & Ors

[2025] EWHC 2115 (Ch) · 7 August 2025Interprets

The court may remove an administrator from office. The power was treated as broadly analogous to the power to remove a liquidator and as requiring good or sufficient cause assessed by the purposes of the office. (see paras [95]-[106])

What each judgment says about Schedule B1, paragraph 88 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

  1. C1458Sch. B1 paras. 83-91 modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 5 Pts. 1, 2; S.I. 2018/805, reg. 3(b)
  2. C1459Sch. B1 paras. 83-91 applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1), 27-32 (with reg. 64)
  3. C1470Sch. B1 para. 88 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
  4. C1471Sch. B1 para. 88 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)