Daniel Conway & Ors v Matthew Plass & Ors

Daniel Conway & Ors v Matthew Plass & Ors

Doing nothing with customer contracts does not incur liability as an expense of special administration; closing out and enforcing debts under customer contracts does not create administration expenses under Lundy Granite, as no benefit to the administration estate is objectively identified.

Parties
Applicant: Daniel Conway; Applicant: Tony Wright; Applicant: David Hudson; Respondent: Matthew Plass; Respondent: Alpha Development Europe Ltd; Respondent: Well-Safe Solutions Limited; Respondent: Czarnikow Group Limited; Respondent: Dawn Capital LLP; Respondent: Seasalt Limited
Jurisdiction
England and Wales
Judgment Date
15 October 2025
Procedural Posture
Special Administration Directions Application / Judgment
Outcome
Directions sought under 1(a) and 1(b) answered in the negative; neither action incurs liability as an administration expense.
Legal Topics
Administration Expenses, Lundy Granite Principle, Contract Termination, Close Out Provisions
Insolvency Contract Administration Expenses Lundy Granite Principle Contract Termination Close Out Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Daniel Conway

Applicant

Tony Wright

Applicant

David Hudson

Applicant

Matthew Plass

Respondent

Alpha Development Europe Ltd

Respondent

Well-Safe Solutions Limited

Respondent

Czarnikow Group Limited

Respondent

Dawn Capital LLP

Respondent

Seasalt Limited

Respondent

Procedural Posture

Special Administration Directions Application / Judgment

Legal Issues

  1. 1 Whether doing nothing with customer contracts incurs liability as an expense of special administration
  2. 2 Whether closing out and enforcing debts under customer contracts incurs liability as an expense of special administration

Ratio Decidendi

Doing nothing with customer contracts does not incur liability as an expense of special administration; closing out and enforcing debts under customer contracts does not create administration expenses under Lundy Granite, as no benefit to the administration estate is objectively identified.

Court Disposition

Directions sought under 1(a) and 1(b) answered in the negative; neither action incurs liability as an administration expense.

Orders

  • Joint Special Administrators will not incur liability as an expense of special administration by doing nothing with customer contracts.
  • Joint Special Administrators will not incur liability as an expense of special administration by closing out and enforcing debts under customer contracts.