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TUPE: Administration never analogous to bankruptcy

This report relates to 1 case(s)

In Key2Law (Surrey) LLP v De'Antiquis [2012] IRLR 212 CA, the Court of Appeal held that administration proceedings can never be said to be instituted with a view to the liquidation of the assets of the insolvent business. Consequently, whenever a TUPE transfer of a business in administration occurs, reg.8(7) of the TUPE Regulations 2006 will not apply and any liabilities will transfer to the purchaser of the business.