Hellas Telecommunications (Luxembourg) II SCA, Joint Liquidators of v Slaughter and May (a firm)

Hellas Telecommunications (Luxembourg) II SCA, Joint Liquidators of v Slaughter and May (a firm)

Liquidators cannot require the court to assess legal costs agreed by administrators under IR 7.34 or inherent jurisdiction, whether the agreement was made before or after administration ended. Administrators are not within IR 7.34(1) for this purpose; liquidators' remedies are limited to misfeasance or s.168(3) IA 86 proceedings.

Parties
Appellants: Hosking and Mackay (as joint liquidators of Hellas Telecommunications (Luxembourg) II SCA (In Liquidation)); Respondents: Slaughter and May (a firm)
Jurisdiction
England and Wales
Judgment Date
24 May 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal of liquidators dismissed; appeal of Slaughter and May in relation to the December invoice allowed.
Legal Topics
Assessment of Costs in Insolvency, Administrators' Powers, Liquidators' Rights, Statutory Interpretation
Insolvency Law Civil Procedure Assessment of Costs in Insolvency Administrators' Powers Liquidators' Rights Statutory Interpretation

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Parties

Hosking and Mackay (as joint liquidators of Hellas Telecommunications (Luxembourg) II SCA (In Liquidation))

Appellants

Slaughter and May (a firm)

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether liquidators can require court assessment of legal costs agreed by administrators under IR 7.34 or inherent jurisdiction
  2. 2 Whether the answer differs if the agreement took place after administration terminated

Ratio Decidendi

Liquidators cannot require the court to assess legal costs agreed by administrators under IR 7.34 or inherent jurisdiction, whether the agreement was made before or after administration ended. Administrators are not within IR 7.34(1) for this purpose; liquidators' remedies are limited to misfeasance or s.168(3) IA 86 proceedings.

Court Disposition

Appeal of liquidators dismissed; appeal of Slaughter and May in relation to the December invoice allowed.

Orders

  • Liquidators' appeal dismissed.
  • Liquidators’ respondent’s notice and Slaughter and May’s respondent’s notice dismissed.