Ramora UK Ltd, Re [2011] EWHC 3959 (Ch) (26 August 2011)

Ramora UK Ltd, Re [2011] EWHC 3959 (Ch) (26 August 2011)

The appointment of administrators is valid even if a winding up petition is presented during the interim moratorium, as such a petition does not prevent the directors from making the appointment under paragraph 22 of Schedule B1.

Citation
[2011] EWHC 3959 (Ch)
Parties
Company: Ramora UK Limited; Petitioner: Her Majesty's Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
26 August 2011
Procedural Posture
Insolvency Application / Judgment on Validity of Administrator Appointment
Outcome
Declaration granted
Legal Topics
Administrator Appointment, Winding Up Petition, Statutory Moratorium
Insolvency Company Law Administrator Appointment Winding Up Petition Statutory Moratorium

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Parties

Ramora UK Limited

Company

Her Majesty's Revenue and Customs

Petitioner

Procedural Posture

Insolvency Application / Judgment on Validity of Administrator Appointment

Legal Issues

  1. 1 Whether the appointment of administrators is valid when a winding up petition is presented during the interim moratorium under the Insolvency Act 1986

Ratio Decidendi

The appointment of administrators is valid even if a winding up petition is presented during the interim moratorium, as such a petition does not prevent the directors from making the appointment under paragraph 22 of Schedule B1.

Court Disposition

Declaration granted

Orders

  • It is declared that the appointment of the administrators pursuant to the notices filed on 14th and 28th April 2011 and paragraph 22 of Schedule B1 of the Insolvency Act 1986 was valid, notwithstanding the existence of a winding up petition presented by HMRC on 20th April 2011.
  • The costs of the application shall be treated as an expense of the administration.