How insolvency affects the jurisdiction of an adjudicator – Building

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An important appeal court ruling on insolvency matters was made last month in a joint decision on two cases: Bresco Electrical Services Ltd (in liquidation) vs Michael J Lonsdale (Electrical) Ltd and Cannon Corporate Ltd and Primus Build Ltd [2019] EWCA Civ 27.

In the Bresco appeal, Bresco was in insolvent liquidation where the Insolvency Rules mutual debit, credit and set-off provisions automatically applied, the practical effect of which is that an account must be taken by the liquidator of what is due to or from the company and a creditor to produce a single figure for payment. Lonsdale argued that the effect of Bresco being in liquidation meant these provisions applied such that only the Bresco liquidator had the jurisdiction to d…

Read the full article at: https://www.building.co.uk/communities/how-insolvency-affects-the-jurisdiction-of-an-adjudicator/5097998.article

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