Gillan & Ors v HEC Enterprises Ltd & Ors [2017] EWHC 462 (Ch) (26 January 2017)

Gillan & Ors v HEC Enterprises Ltd & Ors [2017] EWHC 462 (Ch) (26 January 2017)

Administrators are not entitled to a general declaration under the Berkeley Applegate principle; entitlement and quantification must be determined in specific circumstances. Administrators must pay claimants' costs of the permission application up to 12 August 2016 in full and 50% thereafter. Administrators must pay claimants' costs of the Berkeley Applegate application. Directions given for itemised accounts and potential inquiry into entitlement.

Citation
[2017] EWHC 462 (Ch)
Parties
Claimant: Ian Gillan; Claimant: Roger Glover; Claimant: Ian Paice; Claimant: Victoria Lord and Keith Glover (as Executors of the Estate of Jon Lord); Defendant: HEC Enterprises Limited (in administration); Defendant: Deep Purple (Overseas) Limited (in administration); Defendant: Mark Supperstone; Defendant: Simon Harris; Interested Party: Manuela Edwards; Interested Party: Richard Blackmore; Interested Party: David Coverdale
Jurisdiction
England and Wales
Judgment Date
26 January 2017
Procedural Posture
Companies Court Application / Post Judgment Costs and Directions
Outcome
Administrators' application for declaration refused; costs orders made against administrators.
Legal Topics
Berkeley Applegate Principle, Administrators' Remuneration, Costs Orders, Permission to Continue Proceedings
Insolvency Trusts Company Law Berkeley Applegate Principle Administrators' Remuneration Costs Orders Permission to Continue Proceedings

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Parties

Ian Gillan

Claimant

Roger Glover

Claimant

Ian Paice

Claimant

Victoria Lord and Keith Glover (as Executors of the Estate of Jon Lord)

Claimant

HEC Enterprises Limited (in administration)

Defendant

Deep Purple (Overseas) Limited (in administration)

Defendant

Mark Supperstone

Defendant

Simon Harris

Defendant

Manuela Edwards

Interested Party

Richard Blackmore

Interested Party

David Coverdale

Interested Party

Procedural Posture

Companies Court Application / Post Judgment Costs and Directions

Legal Issues

  1. 1 Entitlement of administrators to remuneration under Berkeley Applegate principle
  2. 2 Costs of claimants' application for permission to continue proceedings
  3. 3 Costs of Berkeley Applegate application

Ratio Decidendi

Administrators are not entitled to a general declaration under the Berkeley Applegate principle; entitlement and quantification must be determined in specific circumstances. Administrators must pay claimants' costs of the permission application up to 12 August 2016 in full and 50% thereafter. Administrators must pay claimants' costs of the Berkeley Applegate application. Directions given for itemised accounts and potential inquiry into entitlement.

Court Disposition

Administrators' application for declaration refused; costs orders made against administrators.

Orders

  • Administrators to serve itemised account to beneficiaries within 28 days if claiming remuneration/disbursements.
  • If no agreement, administrators may apply for inquiry; directions given for pleadings and further directions by registrar.