UK Coal Operations Ltd, Re

UK Coal Operations Ltd, Re

There is a reasonable excuse for non-compliance with paragraphs 49 and 51 of Schedule B1 of the Insolvency Act 1986, as compliance would be pointless and wasteful given the imminent liquidation of the company. The court therefore directs the administrators not to comply with these requirements.

Parties
Company: UK Coal Operations Limited; Company: UK Coal Mine Holdings Limited; Company: UK Coal Surface Mining Limited; Company: Mining Services Limited; Interested Party: Pension Protection Fund
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Insolvency Application / Application for Directions in Administration
Outcome
application granted
Legal Topics
Administration, Creditors' Meetings, Dispensation of Statutory Requirements
Insolvency Law Administration Creditors' Meetings Dispensation of Statutory Requirements

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Parties

UK Coal Operations Limited

Company

UK Coal Mine Holdings Limited

Company

UK Coal Surface Mining Limited

Company

Mining Services Limited

Company

Pension Protection Fund

Interested Party

Procedural Posture

Insolvency Application / Application for Directions in Administration

Legal Issues

  1. 1 Whether administrators should be permitted to dispense with the requirements of paragraphs 49 and 51 of Schedule B1 of the Insolvency Act 1986

Ratio Decidendi

There is a reasonable excuse for non-compliance with paragraphs 49 and 51 of Schedule B1 of the Insolvency Act 1986, as compliance would be pointless and wasteful given the imminent liquidation of the company. The court therefore directs the administrators not to comply with these requirements.

Court Disposition

application granted

Orders

  • Administrators are directed not to comply with the requirements of paragraphs 49 and 51 of Schedule B1 of the Insolvency Act 1986.