Bezier Acquisitions Ltd, Re
Service of Notice of Intention to appoint administrators on the company's solicitor, authorised by the directors, satisfies the requirements of paragraph 26(2) of Schedule B1 and IR2.20(2); strict compliance with service at the registered office is not required for validity.
- Parties
- Company: Bezier Acquisitions Limited; Administrator: Mr Smith; Administrator: Mr Edwards; Applicant: Applicant Directors
- Jurisdiction
- England and Wales
- Judgment Date
- 12 December 2011
- Procedural Posture
- Company Insolvency / Judgment on Validity of Administrator Appointment
- Outcome
- Declaration that administrators were validly appointed.
- Legal Topics
- Appointment of Administrators, Service of Notice, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Bezier Acquisitions Limited
Company
Mr Smith
Administrator
Mr Edwards
Administrator
Applicant Directors
Applicant
Procedural Posture
Company Insolvency / Judgment on Validity of Administrator Appointment
Legal Issues
- 1 Whether failure to serve Notice of Intention at registered office invalidates administrator appointment
- 2 Whether service on company solicitor satisfies statutory requirements
Ratio Decidendi
Service of Notice of Intention to appoint administrators on the company's solicitor, authorised by the directors, satisfies the requirements of paragraph 26(2) of Schedule B1 and IR2.20(2); strict compliance with service at the registered office is not required for validity.
Court Disposition
Declaration that administrators were validly appointed.
Orders
- Approval of draft order lodged as Option 1.
- Costs of the application to be treated as an expense of the administration.
Full Case Text
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