Hartmann Capital Ltd & Ors, Re Investment Bank Special Administration Regulations 2011 [2015] EWHC 1514 (Ch) (13 May 2015)

Hartmann Capital Ltd & Ors, Re Investment Bank Special Administration Regulations 2011 [2015] EWHC 1514 (Ch) (13 May 2015)

Administrators appointed under the Investment Bank Special Administration Regulations 2011 are not entitled to the funding regime available to administrators appointed under Part II of the Insolvency Act 1986, as the statutory language does not extend the exemption to them.

Citation
[2015] EWHC 1514 (Ch)
Parties
Applicant: Hartmann Capital Limited (in special administration); Applicant: Andrew Andronikou; Applicant: Peter Kubik
Jurisdiction
England and Wales
Judgment Date
13 May 2015
Procedural Posture
Application for Declaration / Judgment
Outcome
Application refused
Legal Topics
Conditional Fee Agreements, Special Administration, Funding of Insolvency Proceedings
Insolvency Company Law Conditional Fee Agreements Special Administration Funding of Insolvency Proceedings

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Parties

Hartmann Capital Limited (in special administration)

Applicant

Andrew Andronikou

Applicant

Peter Kubik

Applicant

Procedural Posture

Application for Declaration / Judgment

Legal Issues

  1. 1 Whether administrators appointed under the Investment Bank Special Administration Regulations 2011 are entitled to the same funding regime as administrators appointed under Part II of the Insolvency Act 1986

Ratio Decidendi

Administrators appointed under the Investment Bank Special Administration Regulations 2011 are not entitled to the funding regime available to administrators appointed under Part II of the Insolvency Act 1986, as the statutory language does not extend the exemption to them.

Court Disposition

Application refused