Gould & Anor (PKF (UK) Llp (Administrators)) v Itmo Advent Computer Training Ltd & Anor

Gould & Anor (PKF (UK) Llp (Administrators)) v Itmo Advent Computer Training Ltd & Anor

The court has power under paragraph 63 of Schedule B1 to give directions to administrators, including dispensing with the requirement to provide details of student creditors in the statement of proposals, where such disclosure is commercially sensitive, unnecessary, and would result in wasteful expenditure. The direction operates as a reasonable excuse for non-compliance with the mandatory requirements of paragraph 49 of Schedule B1 and rule 2.33.

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 / Post Judgment Application for Directions
Outcome
application granted
Legal Topics
Administration, Disclosure of Creditor Details, Court Directions to Administrators
Insolvency Law Company 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 / Post Judgment Application for Directions

Legal Issues

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

Ratio Decidendi

The court has power under paragraph 63 of Schedule B1 to give directions to administrators, including dispensing with the requirement to provide details of student creditors in the statement of proposals, where such disclosure is commercially sensitive, unnecessary, and would result in wasteful expenditure. The direction operates as a reasonable excuse for non-compliance with the mandatory requirements of paragraph 49 of Schedule B1 and rule 2.33.

Court Disposition

application granted

Orders

  • Requirement to provide details of student creditors in the administrators' proposals is disapplied and administrators are directed accordingly.