Gould & Anor (PKF (UK) Llp (Administrators)) v Itmo Advent Computer Training Ltd & Anor [2010] EWHC 1042 (Ch) (28 April 2010)

Gould & Anor (PKF (UK) Llp (Administrators)) v Itmo Advent Computer Training Ltd & Anor [2010] EWHC 1042 (Ch) (28 April 2010)

The court has power, under its general jurisdiction to give directions to administrators, to dispense with the requirement to provide details of student creditors in the statement of proposals where commercial sensitivity and lack of unsecured creditor interest justify such a direction.

Citation
[2010] EWHC 1042 (Ch)
Parties
Applicant: Ian Gould; Applicant: Brian James Hamblin (PKF (UK) LLP (Administrators)); Respondent: ITMO Advent Computer Training Ltd.; Respondent: ITMO Access 2 Careers Ltd.
Jurisdiction
England and Wales
Judgment Date
28 April 2010
Procedural Posture
Insolvency Application / Application for Directions by Administrators
Outcome
Application granted
Legal Topics
Administration, Disclosure of Creditor Details, Court Directions to Administrators
Insolvency Law Administration Disclosure of Creditor Details Court Directions to Administrators

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Parties

Ian Gould

Applicant

Brian James Hamblin (PKF (UK) LLP (Administrators))

Applicant

ITMO Advent Computer Training Ltd.

Respondent

ITMO Access 2 Careers Ltd.

Respondent

Procedural Posture

Insolvency Application / Application for Directions by Administrators

Legal Issues

  1. 1 Whether the court has power to dispense with the requirement to provide details of student creditors in the administrators' statement of proposals under Schedule B1 of the Insolvency Act 1986 and the Insolvency Rules 1986.

Ratio Decidendi

The court has power, under its general jurisdiction to give directions to administrators, to dispense with the requirement to provide details of student creditors in the statement of proposals where commercial sensitivity and lack of unsecured creditor interest justify such a direction.

Court Disposition

Application granted

Orders

  • Requirement to provide details of student creditors pursuant to paragraph 49 of Schedule B1 and rule 2.33 is disapplied; administrators directed accordingly.