Blue Co International LLP, Re

Blue Co International LLP, Re

The application to the French court for a stay or dismissal on jurisdictional grounds is within the administrators' powers as it is necessary or expedient for the management of the LLPs' affairs. The administrators are entitled to an indemnity out of the estate for reasonable costs incurred in making the application, as the claims against them arise from their conduct as administrators and the administration process.

Parties
Applicant: Andrew Lawrence Hosking; Applicant: Sean Bucknall; Applicant: Carl Jackson; Applicant: Quantuma LLP; Respondent: Alexandre Besnard; Respondent: Mathieu Vincent Guillaume Croix; Respondent: Freddy Patrick Jacques Desplanques; Respondent: Oh Ainlighe Labhras Iosef; Respondent: Vy-Loan Huynh Olivieri; Respondent: Jerome Lafont de Sentenac
Jurisdiction
England and Wales
Judgment Date
07 September 2020
Procedural Posture
Insolvency Application / Application for Directions and Indemnity
Outcome
Application granted
Legal Topics
Administrator's Powers, Indemnity for Administrators, Jurisdictional Challenge, Pre Pack Administration, Directions Under Insolvency Act
Insolvency Company Law Civil Procedure Administrator's Powers Indemnity for Administrators Jurisdictional Challenge Pre Pack Administration Directions Under Insolvency Act

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Parties

Andrew Lawrence Hosking

Applicant

Sean Bucknall

Applicant

Carl Jackson

Applicant

Quantuma LLP

Applicant

Alexandre Besnard

Respondent

Mathieu Vincent Guillaume Croix

Respondent

Freddy Patrick Jacques Desplanques

Respondent

Oh Ainlighe Labhras Iosef

Respondent

Vy-Loan Huynh Olivieri

Respondent

Jerome Lafont de Sentenac

Respondent

Procedural Posture

Insolvency Application / Application for Directions and Indemnity

Legal Issues

  1. 1 Whether administrators may seek liberty to apply to a foreign court for a stay or dismissal of proceedings on jurisdictional grounds
  2. 2 Whether administrators are entitled to an indemnity out of the estate for costs incurred in such application

Ratio Decidendi

The application to the French court for a stay or dismissal on jurisdictional grounds is within the administrators' powers as it is necessary or expedient for the management of the LLPs' affairs. The administrators are entitled to an indemnity out of the estate for reasonable costs incurred in making the application, as the claims against them arise from their conduct as administrators and the administration process.

Court Disposition

Application granted

Orders

  • Messrs Bucknall and Hosking granted liberty to apply to the Judicial Court of Nanterre for a stay or dismissal of the Respondents' claims on jurisdictional grounds.
  • Messrs Bucknall and Hosking to be indemnified out of the estate of London LLP for all reasonable costs and expenses incurred in the stay application up to £100,000 (exclusive of VAT), with liberty to apply to increase the limit upon filing evidence.