Gould & Anor v Itmo Advent Computer Training Ltd & Anor

Gould & Anor v Itmo Advent Computer Training Ltd & Anor

Notices of appointment and administrators’ proposals may be sent by e-mail to student creditors where e-mail addresses have been contractually provided and used, and the court may extend the period for disclosure of student creditor details in the proposals to preserve commercial value pending a potential sale.

Parties
Applicant: Ian Gould; Applicant: Brian James Hamblin (PKF (UK) LLP); Respondent: ITMO Advent Computer Training Ltd.; Respondent: ITMO Access 2 Careers Ltd.
Jurisdiction
England and Wales
Judgment Date
22 February 2010
Procedural Posture
Insolvency/administration Application / Application for Directions and Orders in Administration
Outcome
Application granted
Legal Topics
Service of Notices by Electronic Means, Disclosure of Creditor Information, Administration Proposals, Extension of Time for Statutory Obligations
Insolvency Company Law Civil Procedure Service of Notices by Electronic Means Disclosure of Creditor Information Administration Proposals Extension of Time for Statutory Obligations

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Parties

Ian Gould

Applicant

Brian James Hamblin (PKF (UK) LLP)

Applicant

ITMO Advent Computer Training Ltd.

Respondent

ITMO Access 2 Careers Ltd.

Respondent

Procedural Posture

Insolvency/administration Application / Application for Directions and Orders in Administration

Legal Issues

  1. 1 Whether notices of appointment and proposals in administration can be sent by e-mail to creditors
  2. 2 Whether disclosure of student creditor details can be deferred or withheld in administrators’ proposals
  3. 3 Whether the court can extend the period for disclosure of prescribed matters under the Insolvency Rules

Ratio Decidendi

Notices of appointment and administrators’ proposals may be sent by e-mail to student creditors where e-mail addresses have been contractually provided and used, and the court may extend the period for disclosure of student creditor details in the proposals to preserve commercial value pending a potential sale.

Court Disposition

Application granted

Orders

  • Notices of appointment and administrators’ proposals may be sent to student creditors by e-mail.
  • The period for disclosure of student creditor details in the administrators’ proposals is extended until 30th April 2010, with liberty to apply for further extension or withholding.