Nygate & Anor v E Squared Ltd

Nygate & Anor v E Squared Ltd

Where administrators send a notice under paragraph 83(3) of Schedule B1 to the Insolvency Act 1986 before their appointment ceases, the subsequent registration of that notice by the registrar of companies is effective to place the company into creditors' voluntary liquidation, even if registration occurs after the administrators' appointment has ended.

Parties
Applicant: Anthony David Nygate; Applicant: Shay Bannon; Respondent: E Squared Limited; Applicant: Maurice Moses; Applicant: Simon Elliott Glyn; Respondent: Sussex Pharmaceuticals Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2006
Procedural Posture
Insolvency Application / Judgment on Application for Declaration
Outcome
Declaration granted
Legal Topics
Administration to Liquidation Transition, Creditors' Voluntary Liquidation, Statutory Interpretation, Insolvency Act 1986 Schedule B1 Paragraph 83
Insolvency Law Company Law Administration to Liquidation Transition Creditors' Voluntary Liquidation Statutory Interpretation Insolvency Act 1986 Schedule B1 Paragraph 83

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Parties

Anthony David Nygate

Applicant

Shay Bannon

Applicant

E Squared Limited

Respondent

Maurice Moses

Applicant

Simon Elliott Glyn

Applicant

Sussex Pharmaceuticals Limited

Respondent

Procedural Posture

Insolvency Application / Judgment on Application for Declaration

Legal Issues

  1. 1 Whether a company is validly placed into liquidation under paragraph 83 of Schedule B1 to the Insolvency Act 1986 if the administrators' notice is registered after their appointment has ceased to have effect

Ratio Decidendi

Where administrators send a notice under paragraph 83(3) of Schedule B1 to the Insolvency Act 1986 before their appointment ceases, the subsequent registration of that notice by the registrar of companies is effective to place the company into creditors' voluntary liquidation, even if registration occurs after the administrators' appointment has ended.

Court Disposition

Declaration granted

Orders

  • Declaration that each company was wound up on the date of registration of the relevant notice and that the liquidators are the former administrators