Application on behalf of the administrators seeking a declaration relating to the centre of main interests (‘COMI’) for each of the companies. Birss J [2015] EWHC 121 (Ch) Bailii Insolvency Act 1986 SchB1 68(2) England and Wales Insolvency Updated: 27 December 2021; Ref: scu.541757
Judges: Floyd J Citations: [2010] EWHC 3071 (Ch), [2011] 1 WLR 1579, [2011] 2 Costs LO 163, [2011] 1 BCLC 368 Links: Bailii Statutes: Insolvency Act 1986 Sch B1 Jurisdiction: England and Wales Insolvency Updated: 27 September 2022; Ref: scu.426849
The administrators had adopted the contracts of certain employees, who now claimed that the protective awards should have priority to the expenses of the administration. Held: The payments did fall within paragraph 99(5) and do not have super-priority.Responsibility for protective awards on insolvency. Judges: Lord Justice Clarke Lord Justice Jacob Lord Justice Neuberger Citations: [2005] … Continue reading Krasner v McMath; in Re Huddersfield Fine Worsteds Limited: CA 12 Aug 2005
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair dismissal, breach of contract and otherwise. The claims were issued anyway, and the administrators argued that they were a nullity, … Continue reading McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010
The bankrupt wished to discharge his bankruptcy debt, but challenged the trustee’s fees. Held: The court approved application of the Practice Statement 2004.Proudman J said: ‘The court’s task is to balance all the various criteria, resolving any conflict between them arising in the particular case, in order to arrive at the proper level of remuneration. … Continue reading Hunt v Yearwood-Grazette: ChD 7 Apr 2009
(Leeds County Court) The creditor sought to have a proof admitted for pounds 479k, but the chair admitted it only for pounds 1.00, and the IVA proposal was accepted again the wishes of the creditor. The creditor said that the IP had misunderstood the claim and should have treated it as liquidated. The chair responded … Continue reading AB Agri Ltd v Curtis and Others: Misc 22 Jul 2016
Directors’ application for an administration order under the provisions of Schedule B1 of the Insolvency Act 1986. Citations: [2007] EWHC 3534 (Ch) Links: Bailii Jurisdiction: England and Wales Company, Insolvency Updated: 22 September 2022; Ref: scu.408851
Application for an order under paragraph 71 of Schedule B1 to the Insolvency Act 1986 (as amended) seeking the court’s permission to dispose of the freehold land known as Pier Hotel and situated at Hamilton Street, Birkenhead as if it were not subject to various security interests together with an order as to the application … Continue reading Williams and Another v Broadoak Private Finance Ltd and Others: ChD 4 Apr 2018
EAT TRANSFER OF UNDERTAKING – InsolvencyAdministration proceedings pursuant to Schedule B1 of the Insolvency Act 1986 are not capable of constituting ‘bankruptcy . . or . . analogous insolvency proceedings which have been instituted with a view to the liquidation of the assets of the transferor’ within the meaning of reg. 8 (7) of TUPE … Continue reading OTG Ltd v Barke and Others: EAT 16 Feb 2011
The claimant solicitors sought the winding up of its defendant company client for non-payment of fees including fees not yet delivered. The court refused to hold that the practices developed in relation to winding up should be imported into administration. The court considered what was meant by ‘creditor’. Warren J said: ‘a person is a … Continue reading Hammonds (A Firm) v Pro-Fit USA Ltd: ChD 17 Aug 2007
This appeal raises questions of both contractual interpretation and the duties owed by administrators at common law and under paragraph 74 of Schedule B1 to the Insolvency Act 1986 Judges: Sir Geoffrey Vos, Chancellor of the High Court Citations: [2019] EWCA Civ 1290 Links: Bailii Jurisdiction: England and Wales Insolvency Updated: 17 July 2022; Ref: … Continue reading Fraser Turner Ltd v Pricewaterhousecoopers Llp and Others: CA 19 Jul 2019
Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019
The claimants, the former administrators of Sunnyside Holiday Park Ltd sought an order that the unpaid balance of their remuneration and expenses is by para 99(3) of Sch B1 Insolvency Act 1986 charged on and payable out of a sum of pounds 62,646.06 said to be payable by the first defendant (‘the Bank’) to the … Continue reading Walker and Another v National Westminster Bank Plc and Another: ChD 25 Feb 2016
‘The issue raised by this application is as to the ambit of (1) the Court’s jurisdiction to prevent unfair harm pursuant to paragraph 74 of Schedule B1 to the Insolvency Act 1986 (‘the Act’) and (2) the rule in Ex Parte James’ Citations: [2018] EWHC 2783 (Ch) Links: Bailii Jurisdiction: England and Wales Insolvency Updated: … Continue reading Lehman Brothers Australia Ltd v Lomas and Others: ChD 24 Oct 2018
four applications by the applicants, who are landlords of four properties that were let to companies that are now all in administration, by which applications the applicants apply for a. permission under Paragraph 43 of Schedule B1 to the Insolvency Act 1986 (‘IA’) to forfeit the leases of the properties; and b. a direction under … Continue reading Leisure (Norwich) II Ltd and Others v Luminar Lava Ignite Ltd: ChD 28 Mar 2012
The newly appointed administrators of the companies requested permission to dispense with the requirements of paras.49 and 51 of Schedule B1 of the Insolvency Act 1986. Purle QC Hhj [2013] EWHC 2581 (Ch) Bailii Insolvency Act 19865 England and Wales Insolvency Updated: 20 January 2022; Ref: scu.514974
Application for an administration order in respect of Indemnity Guarantee Assurance Limited under paragraph 12.1(b) of Schedule B1 of the Insolvency Act 1986. Warren J [2015] EWHC 1493 (Ch) Bailii England and Wales Insolvency, Insurance Updated: 12 January 2022; Ref: scu.561576
Whether non-compliance with requirements of Schedule B1 to the Insolvency Act 1986 (‘Sch. B1’ and ‘the Act’) affected the subsequent validity and/or conduct of the administrations and subsequent liquidations. Insolvency and Companies Court Judge Jones [2021] EWHC 3205 (Ch) Bailii England and Wales Insolvency Updated: 31 December 2021; Ref: scu.670316
Applications after recovery of surplus funds to repay creditors of Lehmann Brothers Ltd. The court had given orders as to the several uses of the surpluses. The parties appealed some elements of those orders. Held: Most elements were upheld, but some varied.Lewison LJ pointed out at when paying the interest, the administrator acts as agent … Continue reading LB Holdings Intermediate 2 Ltd, (The Joint Administrators of) and Others v Lomas and Others: CA 14 May 2015
The corporate tenant became insolvent, but the administrators continued in occupation. The parties now disputed whether the rent (payable in advance) was a provable debt or an administration expense.The court was asked whether a company in administration was liable to pay a quarter’s rent as an administration expense even though the amount had fallen due … Continue reading Pillar Denton Ltd and Others v Jervis and Others: CA 24 Feb 2014
An out of court appointment of joint administrators of the company, a one-man building company, had been made by the principal shareholder’s executors at a time when, unknown to them, a creditor’s petition for the winding up of the company had . .