Causer & Anor v All Star Leisure (Group) Ltd

Causer & Anor v All Star Leisure (Group) Ltd

The defect in filing the notice of appointment via CE File outside court hours is not fundamental and caused no injustice; it is curable under IR 12.64. The appointment is validated as taking effect at 4.18 pm on 17 September 2019.

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 / Judgment
Outcome
application granted
Legal Topics
Appointment of Administrators, Electronic Filing, Court Hours, Formal Defects, Validation of Appointments
Insolvency Civil Procedure Appointment of Administrators Electronic Filing Court Hours Formal Defects Validation of Appointments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lee Causer

Applicant

Neville Side

Applicant

All Star Leisure (Group) Ltd

Defendant

Procedural Posture

Insolvency Application / Judgment

Legal Issues

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

Ratio Decidendi

The defect in filing the notice of appointment via CE File outside court hours is not fundamental and caused no injustice; it is curable under IR 12.64. The appointment is validated as taking effect at 4.18 pm on 17 September 2019.

Court Disposition

application granted

Orders

  • The appointment of administrators is validated and treated as taking effect at 4.18 pm on 17 September 2019.
  • Order made under IR 12.64 curing the defect in filing.