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Disclaimers and Insolvency Act

Language: English Series: Estates Gazette ; (9243) 31 October 1992, 151(1)Publication details: 1992Subject(s): Summary: "Re Hans Place Ltd", in which a disclaimer by the tenant`s liquidator was challenged, raised the issue of changes in the court`s position in interfering in liquidators` decisions to disclaim with reference to Insolvency Act 1986 s168(5), under which the disclaimer can be challenged, now that leave from the court is not required before disclaiming.

"Re Hans Place Ltd", in which a disclaimer by the tenant`s liquidator was challenged, raised the issue of changes in the court`s position in interfering in liquidators` decisions to disclaim with reference to Insolvency Act 1986 s168(5), under which the disclaimer can be challenged, now that leave from the court is not required before disclaiming.