Moss Groundworks Ltd, Re Insolvency Act 1986

The court found that, with the additional material provided, the risk of abuse in the proposed pre-pack administration was sufficiently reduced, the statutory criteria were met, and the administrator's and creditors' roles provided adequate protection. Accordingly, an administration order was appropriate, subject to costs qualifications.

Parties: Company: Moss Groundworks Limited; Applicant: Applicant
Jurisdiction: England and Wales
Judgment Date: 10 September 2019
Procedural Posture: Insolvency Application / Ruling on Administration Application
Outcome: Administration order granted with costs qualification
Legal Topics: Administration Order, Pre Pack Sale, Abuse of Insolvency Process, Director's Loan Account

Insolvency Law Company Law Administration Order Pre Pack Sale Abuse of Insolvency Process Director's Loan Account

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Parties

Moss Groundworks Limited

Company

Applicant

Procedural Posture

Insolvency Application / Ruling on Administration Application

Legal Issues

1 Whether the proposed administration and pre-pack sale constitute an abuse of the administration procedure
2 Whether the statutory criteria for administration are met
3 Whether the court should exercise its discretion to make an administration order

Ratio Decidendi

Court Disposition

Administration order granted with costs qualification

Orders

Administration order made in standard terms
Applicant's costs of Friday's hearing before Snowden J not to be paid as an expense of the administration