In the Matter of Cargologicair Limited
The company is cash flow insolvent due to sanctions and imminent bank account closure. Administration is reasonably likely to achieve one or more statutory purposes, including a better result for creditors and preservation of valuable licences. The court exercises its discretion to make the administration order and appoint the proposed administrators, with immediate effect.
- Parties
- Applicant: Konstantin Vekshin; Company: CargoLogicAir Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 November 2022
- Procedural Posture
- Insolvency/administration Application / Judgment on Application for Administration Order
- Outcome
- Administration order granted; proposed administrators appointed; ancillary order regarding Insolvency Services Account granted; order to be sealed immediately.
- Legal Topics
- Administration Order, Sanctions Compliance, Asset Freezing, Director's Duties, Bank Account Closure, Air Operator Certificate, Preferential Creditors
Case Brief
Summary, issues, holding and outcome
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Parties
Konstantin Vekshin
Applicant
CargoLogicAir Limited
Company
Procedural Posture
Insolvency/administration Application / Judgment on Application for Administration Order
Legal Issues
- 1 Whether the company is unable to pay its debts as they fall due
- 2 Whether an administration order is reasonably likely to achieve one of the statutory purposes under the Insolvency Act 1986
- 3 Whether the court should exercise its discretion to make an administration order in light of UK sanctions
Ratio Decidendi
The company is cash flow insolvent due to sanctions and imminent bank account closure. Administration is reasonably likely to achieve one or more statutory purposes, including a better result for creditors and preservation of valuable licences. The court exercises its discretion to make the administration order and appoint the proposed administrators, with immediate effect.
Court Disposition
Administration order granted; proposed administrators appointed; ancillary order regarding Insolvency Services Account granted; order to be sealed immediately.
Orders
- Company placed into administration
- David Buchler and Joanne Milner appointed as joint administrators
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