Derfshaw Ltd. & Ors, Re

The court has jurisdiction to make administration orders for the seven companies, including retrospective effect, following the reasoning in G-Tech Construction Ltd, to validate actions taken by purported administrators after invalid out-of-court appointments.

Parties: Applicant: Derfshaw Limited & 6 Others; Applicant: Directors of Derfshaw Limited & 6 Others
Jurisdiction: England and Wales
Judgment Date: 02 June 2011
Procedural Posture: Application for Administration Order / Judgment
Outcome: Administration orders granted for all seven companies with retrospective effect.
Legal Topics: Administration Orders, Appointment of Administrators, Retrospective Orders, Validity of Out of Court Appointments

Insolvency Company Law Administration Orders Appointment of Administrators Retrospective Orders Validity of Out of Court Appointments

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Parties

Derfshaw Limited & 6 Others

Applicant

Directors of Derfshaw Limited & 6 Others

Applicant

Procedural Posture

Application for Administration Order / Judgment

Legal Issues

1 Whether the court should grant administration orders for seven companies
2 Whether the previous out-of-court appointments of administrators were valid
3 Whether the court has power to make administration orders retrospectively

Ratio Decidendi

Court Disposition

Administration orders granted for all seven companies with retrospective effect.

Orders

Administration orders made as drafted, subject to minor amendments.
Orders include retrospective effect to the date of purported out-of-court appointments.