(1)Subject to the provisions of this section, the court may, at any time after the presentation of a winding-up petition, appoint a liquidator provisionally.
(2)In England and Wales, the appointment of a provisional liquidator may be made at any time before the making of a winding-up order; and either the official receiver or any other fit person may be appointed.
(3)In Scotland, such an appointment may be made at any time before the first appointment of liquidators.
(4)The provisional liquidator shall carry out such functions as the court may confer on him.
(5)When a liquidator is provisionally appointed by the court, his powers may be limited by the order appointing him.
Cases considering section 135 19
[2011] EWCA Civ 1116 · 13 October 2011Limits
The power to appoint a provisional liquidator is broad and contains no prescribed substantive criteria beyond its jurisdictional conditions. The court nevertheless required a likely winding-up order and additional circumstances justifying this intrusive remedy. (see paras [75]–[77]; [96]–[101])
The subsection permits appointment of a provisional liquidator after presentation of a winding-up petition. The court treated that jurisdictional condition as satisfied. (see para [75])
The subsection permits appointment before a winding-up order and allows the official receiver or another fit person to be appointed. It formed part of the jurisdictional framework. (see para [75])
The subsection confirms that a provisional liquidator performs the functions conferred by the court. It was cited when describing the breadth and flexibility of the statutory power. (see para [75])
The subsection permits the appointing order to limit the provisional liquidator’s powers. It was cited when describing the breadth and flexibility of the statutory power. (see para [75])
[2026] EWHC 282 (Ch) · 12 February 2026Interprets
The court construed the functions and powers conferred on provisional liquidators under the appointment order made pursuant to section 135. The provision supplied the statutory basis for appointment, while the order defined the powers relevant to the sale. (see paras [29]-[32]; [36]; [52]; [60]-[61])
The court held that retrospective permission could operate by extending the functions and powers granted to provisional liquidators under section 135(4) and the appointment order. (see para [52])
The court treated section 135(5) as confirming that the appointment order may limit a provisional liquidator’s powers. The sale was authorised by construing the order and, alternatively, could have been authorised retrospectively. (see paras [30]; [52])
[2023] EWHC 3308 (Ch) · 9 November 2023
Applies section 135 to permit appointment of a provisional liquidator after presentation of a winding-up petition and before the winding-up order, with powers limited by the appointing order. (see paras [1]-[3])
What each judgment says about section 135 is in the case-law panel in the full Act.