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Majority Rule rejected in Fry v Pagden [2019] EWHC 540 (Ch) – a fascinating judgment:

Submission for the Liquidators (about the application(s) for removal)

“… in reality they all pursue the same objective, namely, to bring to an end any independent investigation in relation to the Companies’ affairs.” … “There is another, and perhaps deeper, objection to the application for the removal of the Liquidators, and that is that it could be seen to be an attempt to thwart any investigation into the conduct of those who make it.”

The Fielding v Seery principle endorsed as to who should be the appointed liquidator where adverse interest considered.

Elliot Green

Licensed Insolvency Practitioner & Chartered Accountant. We Know Insolvency Inside Out.