Cornercare Ltd, Re

Cornercare Ltd, Re

Paragraph 28(2) of Schedule B1 does not prevent the directors from filing a fresh notice of intention to appoint administrators and making an out of court appointment within a new 10-day window. However, given the circumstances and the need for immediate action, the court grants an administration order as the statutory conditions are satisfied.

Parties
Applicant: Cornercare Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2010
Procedural Posture
Insolvency/administration / Application for Administration Order
Outcome
Application granted
Legal Topics
Administration of Companies, Appointment of Administrators, Interpretation of Insolvency Act Schedule B1
Insolvency Law Company Law Administration of Companies Appointment of Administrators Interpretation of Insolvency Act Schedule B1

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Parties

Cornercare Limited

Applicant

Procedural Posture

Insolvency/administration / Application for Administration Order

Legal Issues

  1. 1 Whether directors can appoint administrators out of court after expiry of the 10-day window following a notice of intention to appoint
  2. 2 Whether a fresh notice of intention to appoint administrators can be filed after expiry of the previous notice
  3. 3 Whether the court should make an administration order immediately

Ratio Decidendi

Paragraph 28(2) of Schedule B1 does not prevent the directors from filing a fresh notice of intention to appoint administrators and making an out of court appointment within a new 10-day window. However, given the circumstances and the need for immediate action, the court grants an administration order as the statutory conditions are satisfied.

Court Disposition

Application granted

Orders

  • Immediate administration order made in respect of Cornercare Limited
  • Appointment of Mr. Nigel Price and Mr. William John Kelly as administrators