Corporate Insolvency and Governance Act 2020

Challenge to monitor’s remuneration

This section has no associated Explanatory Notes

42(1)An administrator or liquidator of a company may apply to the High Court on the ground that remuneration charged by the monitor in relation to a prior moratorium for the company under Part 1A of the Insolvency (Northern Ireland) Order 1989 was excessive.

(2)An application under this paragraph may not be made after the end of the period of 2 years beginning with the day after the moratorium ends.

(3)On an application under this paragraph the Court may—

(a)dismiss the application,

(b)order the monitor to repay some or all of the remuneration, or

(c)make such other order as it thinks fit.

(4)The costs of an application under this paragraph are, unless the Court orders otherwise, to be paid as an expense of the administration or liquidation.