Appleyard (Trustee) v Reflex Recordings Ltd

The court ordered that £5,000 be transferred from the company's bank account to its solicitors as reasonable legal costs incurred in responding to the applications, immediately prior to the administration order, and excluded from the company's assets upon administration.

Parties: Applicant: Andrew Appleyard (Trustee); Respondent: Reflex Recordings Limited
Jurisdiction: England and Wales
Judgment Date: 18 December 2013
Procedural Posture: Civil / Judgment on Costs Following Freezing Injunction and Administration Order Applications
Outcome: Order granted for payment of £5,000 from frozen assets to solicitors; freezing injunction expires; application to adjourn return date dismissed.
Legal Topics: Freezing Injunctions, Administration Orders, Legal Costs

Insolvency Civil Procedure Freezing Injunctions Administration Orders Legal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Appleyard (Trustee)

Applicant

Reflex Recordings Limited

Respondent

Procedural Posture

Civil / Judgment on Costs Following Freezing Injunction and Administration Order Applications

Legal Issues

1 Whether legal costs incurred by the company in responding to applications should be paid from frozen assets
2 Whether such costs should be treated as expenses of the administration

Ratio Decidendi

Court Disposition

Order granted for payment of £5,000 from frozen assets to solicitors; freezing injunction expires; application to adjourn return date dismissed.

Orders

£5,000 to be transferred from company bank account to solicitors prior to administration order.
Upon administration, assets of the company exclude the £5,000.