Causer & Anor v All Star Leisure (Group) Ltd [2019] EWHC 3231 (Ch) (28 November 2019)

Causer & Anor v All Star Leisure (Group) Ltd [2019] EWHC 3231 (Ch) (28 November 2019)

The defect in filing the notice of appointment via CE File outside court hours was not fundamental and caused no injustice; the court exercised its power under Insolvency Rule 12.64 to cure the defect and validate the appointment as effective from the time of electronic filing.

Source-derived case information.

Citation
[2019] EWHC 3231 (Ch)
Parties
Applicant: Lee Causer; Applicant: Neville Side; Defendant: All Star Leisure (Group) Ltd
Jurisdiction
England and Wales
Judgment Date
28 November 2019
Procedural Posture
Insolvency Application / Application for Confirmation of Validity of Administrator Appointment
Outcome
Application granted
Legal Topics
Electronic Filing, Administrator Appointment, Practice Directions, Insolvency Rules
Insolvency Civil Procedure Electronic Filing Administrator Appointment Practice Directions Insolvency Rules

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Parties

Lee Causer

Applicant

Neville Side

Applicant

All Star Leisure (Group) Ltd

Defendant

Procedural Posture

Insolvency Application / Application for Confirmation of Validity of Administrator Appointment

Legal Issues

  1. 1 Whether appointment of administrators via CE File outside court hours is valid
  2. 2 Whether defect in filing can be cured under Insolvency Rule 12.64

Ratio Decidendi

The defect in filing the notice of appointment via CE File outside court hours was not fundamental and caused no injustice; the court exercised its power under Insolvency Rule 12.64 to cure the defect and validate the appointment as effective from the time of electronic filing.

Court Disposition

Application granted

Orders

  • Appointment of administrators to be treated as taking effect at 4.18 pm on 17 September 2019