Source: All England Reporter
Publisher Citation: [2011] All ER (D) 119 (Dec)
Neutral Citation: [2011] EWHC 3299 (Ch)
Court: Chancery Division, Companies Court
Judge:

Norris J

Representation William Trower QC and Stephen Robins (instructed by Linklaters LLP) for the applicant administrators and the directors.
Judgment Dates: 12 December 2011

Catchwords

Company - Administration order - Administrator - Validity of appointment - Company's directors resolving to appoint administrators - Relevant rules requiring notice of intention to appoint (NOI) administrators to be served on company at its registered address - Directors serving NOI on company's solicitors - Whether failure to serve NOI to company at its registered address invalidating appointment of administrators- Insolvency Rules 1986, , , , ,

The Case

Company Administration order. Having considered certain provisions of the Insolvency Rules 1986, , including rr 2.8(2), 12A.5 and 13.4, the Chancery Division of the High Court made a declaration to the effect that the administrators in question had been validly appointed on the basis that the delivery by the company's directors to the company's solicitors of the relevant notice of intention to appoint the administrators, had been sufficient to satisfy the requirements of para 26(2) of to the Insolvency Act 1986.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.