Winsor v Bloom & Ors [2002] EWHC 1027 (Ch) (21st May, 2002)

Winsor v Bloom & Ors [2002] EWHC 1027 (Ch) (21st May, 2002)

The words 'other proceedings...against the company or its property' in s.11(3)(d) of the Insolvency Act 1986, as modified by the Railways Act 1993, include applications under s.17 of the Railways Act 1993. Therefore, the consent of the special railway administrators or the leave of the court is required for the commencement or continuation of such proceedings against a company in railway administration.

Citation
[2002] EWHC 1027 (Ch)
Parties
Claimant: Winsor; Defendants: Bloom and Others
Jurisdiction
England and Wales
Procedural Posture
Chancery Division Application for Declaration / Judgment After Hearing on Merits
Outcome
Claim dismissed. Declaration refused in the form sought by the Rail Regulator.
Legal Topics
Railway Administration Orders, Interpretation of S.11(3) Insolvency Act 1986 as Modified, Scope of Regulatory Proceedings Under Railways Act 1993, Requirement for Consent or Leave for Proceedings Against Company in Administration
Insolvency Law Railway Regulation Administrative Law Railway Administration Orders Interpretation of S.11(3) Insolvency Act 1986 as Modified Scope of Regulatory Proceedings Under Railways Act 1993 Requirement for Consent or Leave for Proceedings Against Company in Administration

Case Brief

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Parties

Winsor

Claimant

Bloom and Others

Defendants

Procedural Posture

Chancery Division Application for Declaration / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether s.11(3) of the Insolvency Act 1986, as modified by the Railways Act 1993, requires the consent of special railway administrators or leave of the court for the commencement or continuation of s.17 Railways Act 1993 proceedings against a company in railway administration

Ratio Decidendi

The words 'other proceedings...against the company or its property' in s.11(3)(d) of the Insolvency Act 1986, as modified by the Railways Act 1993, include applications under s.17 of the Railways Act 1993. Therefore, the consent of the special railway administrators or the leave of the court is required for the commencement or continuation of such proceedings against a company in railway administration.

Court Disposition

Claim dismissed. Declaration refused in the form sought by the Rail Regulator.

Orders

  • Declaration that s.11(3) of the Insolvency Act 1986, as it applies to companies in railway administration by virtue of s.59(3) and Schedule 6 Railways Act 1993, covers determinations by the Rail Regulator of applications made under s.17 Railways Act 1993.