Green v Group Ltd & Ors [2019] EWHC 954 (Ch) (17 April 2019)

Green v Group Ltd & Ors [2019] EWHC 954 (Ch) (17 April 2019)

The joint administrators did not act with bias, lack of candour, or incompetence. Their appointment as liquidators was supported by the majority of creditors, including unconnected creditors. There was no proven conflict of interest or misconduct that would disqualify them. The objections raised by Professor Carroll did not justify departing from the usual practice of appointing the administrators as liquidators, especially given the absence of evidence of actual bias or unfair harm to creditors.

Citation
[2019] EWHC 954 (Ch)
Parties
Petitioner: Vincent John Green; Petitioner: Mark Newman; Respondent: Group Limited; Respondent: SCL Analytics Limited; Respondent: SCL Commercial Limited; Respondent: SCL Social Limited; Respondent: SCL Elections Limited; Respondent: Cambridge Analytica (UK) Limited; Objector: Professor David Carroll
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Insolvency (administration to Liquidation) / Application for Appointment of Joint Liquidators and Release of Administrators; Objection by Creditor
Outcome
Objection dismissed; joint administrators appointed as joint liquidators; administrators released.
Legal Topics
Appointment of Liquidators, Administrator Duties, Creditors' Rights, Data Subject Claims, Conflict of Interest in Insolvency, Voting Rights in Insolvency, Professional Conduct of Insolvency Practitioners
Insolvency Company Law Data Protection Appointment of Liquidators Administrator Duties Creditors' Rights Data Subject Claims Conflict of Interest in Insolvency +2 more

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Parties

Vincent John Green

Petitioner

Mark Newman

Petitioner

Group Limited

Respondent

SCL Analytics Limited

Respondent

SCL Commercial Limited

Respondent

SCL Social Limited

Respondent

SCL Elections Limited

Respondent

Cambridge Analytica (UK) Limited

Respondent

Professor David Carroll

Objector

Procedural Posture

Insolvency (administration to Liquidation) / Application for Appointment of Joint Liquidators and Release of Administrators; Objection by Creditor

Legal Issues

  1. 1 Whether joint administrators should be appointed as joint liquidators despite objections from a creditor alleging bias and misconduct
  2. 2 Whether the administrators' conduct and disclosures met the required standards of candour and competence
  3. 3 Whether the interests of all creditors, including data claimants, were properly considered in the insolvency process

Ratio Decidendi

The joint administrators did not act with bias, lack of candour, or incompetence. Their appointment as liquidators was supported by the majority of creditors, including unconnected creditors. There was no proven conflict of interest or misconduct that would disqualify them. The objections raised by Professor Carroll did not justify departing from the usual practice of appointing the administrators as liquidators, especially given the absence of evidence of actual bias or unfair harm to creditors.

Court Disposition

Objection dismissed; joint administrators appointed as joint liquidators; administrators released.

Orders

  • Joint administrators (Mr Green and Mr Newman) appointed as joint liquidators of the relevant companies.
  • Administrators released from office.