Section 234 IA86: No shortcut to vacant possession - Maher v Investalet Ltd (2025)

Lucy Trott and Markus Klempa of Stevens & Bolton explain that the High Court has confirmed section 234 of the Insolvency Act 1986 cannot be used by administrators as a shortcut to obtain vacant possession from trespassers, holding that a trespasser’s possessory interest is not transferable under section 234 and that office-holders must instead pursue possession proceedings under CPR Part 55 in the company’s name.

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