Assured Logistics Solutions Ltd & Anor, Re

Failure to give notice to the company or other prescribed persons, where directors act as a board and there is no qualifying charge holder, does not render the appointment of administrators a nullity; the appointments are valid if essential requirements and prescribed forms are complied with, and no substantial injustice arises.

Parties: Applicant: Assured Logistics Solutions Limited; Applicant: Taurus Bathrooms Limited
Jurisdiction: England and Wales
Judgment Date: 23 September 2011
Procedural Posture: Application / Judgment
Outcome: declarations granted
Legal Topics: Appointment of Administrators, Notice Requirements, Formal Defects, Validity of Appointments

Insolvency Company Law Appointment of Administrators Notice Requirements Formal Defects Validity of Appointments

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Parties

Assured Logistics Solutions Limited

Applicant

Taurus Bathrooms Limited

Applicant

Procedural Posture

Application / Judgment

Legal Issues

1 Whether failure to give notice to prescribed persons, including the company, invalidates out of court appointments of administrators by directors where there is no qualifying charge holder
2 Whether minor defects or irregularities in the appointment process render the appointment a nullity

Ratio Decidendi

Court Disposition

declarations granted

Orders

Declarations confirming the validity of the appointments of administrators in both cases
Costs to be chargeable as part of the costs and expenses of the administration in each case