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Re Charnley Davies Ltd (No 2)
''Re Charnley Davies Ltd (No 2)'' () BCLC 760 is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. It held that an administrator would only breach a duty of care (here in selling off property, arguably for too little) if an ordinary, skilled practitioner would have acted differently.
==Facts==
Charnley Davies Ltd was one of 17 insurance broking companies which collapsed in 1987 and operated out of Leeds, Wakefield and Hull. Creditors of Charnley Davies alleged that the administrator, Mr AJ Richmond, acted with undue haste in selling the business. He sold the business for a total of £50,000, plus £7500 for furniture and equipment, allegedly a grossly undervalued price. The creditors argued that they should have been consulted, because they were in the insurance business. The creditors argued the administrators were in breach of IA 1986 section 27 because they had been unfairly prejudiced by the administrator's actions (see now IA 1986 Sch B1, para 74, which uses the phrase ‘unfairly harm’).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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