Gillan & Ors v HEC Enterprises Ltd & Ors

Gillan & Ors v HEC Enterprises Ltd & Ors

The administrators are not entitled to a general declaration under the Berkeley Applegate principle; any entitlement to remuneration must be specifically claimed and quantified, with notice to beneficiaries. The administrators must pay the claimants' costs of the application for permission to continue proceedings up to 12 August 2016 in full, and 50% thereafter, with only limited recovery from trust assets for compliance with registrar's directions. The administrators must pay the claimants' costs of the Berkeley Applegate application. Other parties served with the application are entitled to their recoverable costs on the standard basis.

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; Other: Manuela Edwards; Other: Richard Blackmore; Other: David Coverdale
Jurisdiction
England and Wales
Judgment Date
26 January 2017
Procedural Posture
Company/insolvency / Post Judgment, Costs and Consequential Orders
Outcome
Administrators' application for a general declaration refused; directions given for any future claims under Berkeley Applegate; 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

Other

Richard Blackmore

Other

David Coverdale

Other

Procedural Posture

Company/insolvency / Post Judgment, Costs and Consequential Orders

Legal Issues

  1. 1 What orders should be made regarding the administrators' Berkeley Applegate application?
  2. 2 How should costs be allocated for the claimants' application for permission to continue proceedings?
  3. 3 How should costs be allocated for the Berkeley Applegate application among parties?

Ratio Decidendi

The administrators are not entitled to a general declaration under the Berkeley Applegate principle; any entitlement to remuneration must be specifically claimed and quantified, with notice to beneficiaries. The administrators must pay the claimants' costs of the application for permission to continue proceedings up to 12 August 2016 in full, and 50% thereafter, with only limited recovery from trust assets for compliance with registrar's directions. The administrators must pay the claimants' costs of the Berkeley Applegate application. Other parties served with the application are entitled to their recoverable costs on the standard basis.

Court Disposition

Administrators' application for a general declaration refused; directions given for any future claims under Berkeley Applegate; costs orders made against administrators.

Orders

  • Administrators to serve itemised account to beneficiaries within 28 days if seeking remuneration.
  • If no agreement, administrators may apply for inquiry before registrar.