Cornercare Ltd, Re [2010] EWHC 893 (Ch) (20 March 2010)

Cornercare Ltd, Re [2010] EWHC 893 (Ch) (20 March 2010)

Paragraph 28(2) of Schedule B1 only bars appointment pursuant to a particular notice of intention to appoint after 10 business days, but does not prevent a fresh notice being served and filed, thereby opening a new 10-day window for appointment. The court may make an administration order if the statutory conditions are satisfied, regardless of the availability of an out of court appointment.

Citation
[2010] EWHC 893 (Ch)
Parties
Applicant: Cornercare Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2010
Procedural Posture
Administration Application / Application for Administration Order
Outcome
Administration order granted
Legal Topics
Administration Procedure, Notice of Intention to Appoint Administrators, Court's Discretion in Administration Orders
Insolvency Company Law Administration Procedure Notice of Intention to Appoint Administrators Court's Discretion in Administration Orders

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Parties

Cornercare Limited

Applicant

Procedural Posture

Administration Application / Application for Administration Order

Legal Issues

  1. 1 Whether directors can appoint administrators out of court after expiry of the 10-day period following notice of intention to appoint
  2. 2 Whether a fresh notice of intention to appoint administrators can be served and filed after expiry of the previous notice
  3. 3 Whether the court should make an administration order when an out of court appointment is available

Ratio Decidendi

Paragraph 28(2) of Schedule B1 only bars appointment pursuant to a particular notice of intention to appoint after 10 business days, but does not prevent a fresh notice being served and filed, thereby opening a new 10-day window for appointment. The court may make an administration order if the statutory conditions are satisfied, regardless of the availability of an out of court appointment.

Court Disposition

Administration order granted

Orders

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