The outcome of the creditors' decision is open to challenge and this chapter considers the grounds and the procedures on which such challenges can be brought. It examines in detail who may challenge the outcome under section 262 of the Insolvency Act 1986 and on what grounds, taking a detailed look at each ground in turn (unfair prejudice and material irregularity), the approach of the court to each ground, the possible relief that the court may grant and the procedural requirements that follow. The chapter concludes with a review of various alternative avenues of redress, including in particular the process whereby decisions taken in the course of the decision procedure may be appealed to the court, the possibility of bankruptcy (considered in more detail in a later chapter), criminal sanctions and applications relating to antecedent transactions.
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your Elgar Online account
-
Front Matter
-
Part I: OVERVIEW
-
Part II: THE PRIMARY DOCUMENTS
-
Part III: INITIATING PROCEDURES
-
Part IV: DECISION AND CHALLENGE
-
Part V: IMPLEMENTATION
-
Back Matter
