Bezier Acquisitions Ltd, Re [2011] EWHC 3299 (Ch) (12 December 2011)

Bezier Acquisitions Ltd, Re [2011] EWHC 3299 (Ch) (12 December 2011)

Delivery of the Notice of Intention to appoint administrators to the company's authorised solicitor prior to appointment satisfies the requirements of paragraph 26(2) of Schedule B1; strict service at registered office is not mandatory and does not invalidate the appointment.

Citation
[2011] EWHC 3299 (Ch)
Parties
Company: Bezier Acquisitions Limited; Administrators: Mr Smith and Mr Edwards (Deloitte LLP); Applicant: Applicant Directors
Jurisdiction
England and Wales
Judgment Date
12 December 2011
Procedural Posture
Company Law Application / Judgment on Validity of Administrator Appointment
Outcome
Appointment of administrators declared valid.
Legal Topics
Appointment of Administrators, Service of Notice, Statutory Interpretation
Insolvency Company Law Appointment of Administrators Service of Notice Statutory Interpretation

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Parties

Bezier Acquisitions Limited

Company

Mr Smith and Mr Edwards (Deloitte LLP)

Administrators

Applicant Directors

Applicant

Procedural Posture

Company Law Application / Judgment on Validity of Administrator Appointment

Legal Issues

  1. 1 Whether failure to serve Notice of Intention at registered office invalidates appointment of administrators
  2. 2 Whether service upon company's solicitor constitutes valid service under Insolvency Rules

Ratio Decidendi

Delivery of the Notice of Intention to appoint administrators to the company's authorised solicitor prior to appointment satisfies the requirements of paragraph 26(2) of Schedule B1; strict service at registered office is not mandatory and does not invalidate the appointment.

Court Disposition

Appointment of administrators declared valid.

Orders

  • Approval of draft order lodged as 'Option 1'.
  • Costs of the application to be treated as an expense of the administration.