Carter Moore Solicitors Ltd, Re

Carter Moore Solicitors Ltd, Re

The procedural error in selecting the wrong drop-down box during CE-filing was curable under CPR PD 51O para 5.3(2) and CPR 3.10(b), as the substantive requirements were met, the error was inadvertent, and there was no prejudice to any party. The Notice of Appointment must be treated as validly filed at 14.17 hrs on 24 January 2020.

Parties
Company: Carter Moore Solicitors Limited; Applicant/administrators: Begbies Traynor (Central) LLP
Jurisdiction
England and Wales
Judgment Date
04 February 2020
Procedural Posture
Insolvency / Judgment on Validity of Administrators' Appointment
Outcome
Application granted; procedural error remedied; appointment validated.
Legal Topics
Appointment of Administrators, Electronic Filing, Procedural Errors
Insolvency Law Civil Procedure Appointment of Administrators Electronic Filing Procedural Errors

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Parties

Carter Moore Solicitors Limited

Company

Begbies Traynor (Central) LLP

Applicant/administrators

Procedural Posture

Insolvency / Judgment on Validity of Administrators' Appointment

Legal Issues

  1. 1 Whether the appointment of administrators was valid given a procedural error in electronic filing
  2. 2 Whether the Notice of Appointment was filed within the statutory period
  3. 3 Whether the court can remedy a procedural error under CPR 3.10(b) and PD 51O

Ratio Decidendi

The procedural error in selecting the wrong drop-down box during CE-filing was curable under CPR PD 51O para 5.3(2) and CPR 3.10(b), as the substantive requirements were met, the error was inadvertent, and there was no prejudice to any party. The Notice of Appointment must be treated as validly filed at 14.17 hrs on 24 January 2020.

Court Disposition

Application granted; procedural error remedied; appointment validated.

Orders

  • The Notice of Appointment is to be treated as validly filed at 14.17 hrs on Friday 24 January 2020.
  • The Notice of Appointment is to be endorsed as filed and accepted by the Court at that time and date.