In the first of two case studies, Nigel Clayton examines the court’s powers in possession proceedings involving administrators under the Insolvency Act 1986 (IA 1986) and existing mortgage possession proceedings. The key issue revolves around whether administrators or LPA receivers have the right to possess and sell the property. Specifically, he explores administrators’ entitlement to possession in IA 1986 proceedings where there are extant county court CPR 55 mortgage possession proceedings and LPA receivers have already been appointed. The case…
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