Information Governance v Popham

Information Governance v Popham

The court found that IGL is unable to pay its debts for the purposes of paragraph 11 of Schedule B1, but refused to make an administration order due to the unusual circumstances of recent director appointments and the possibility of business revival, leaving the decision to the newly appointed directors.

Parties
Claimant: Information Governance Limited; Defendant: Michael Popham; Interested Party: Christopher Greenslade; Interested Party: John Clelland; Interested Party: Mr Delaney
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Insolvency Application / Judgment on Application for Administration Order
Outcome
application dismissed
Legal Topics
Appointment of Administrators, Shareholder Rights, Director Appointment, Corporate Governance
Company Law Insolvency Law Appointment of Administrators Shareholder Rights Director Appointment Corporate Governance

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Parties

Information Governance Limited

Claimant

Michael Popham

Defendant

Christopher Greenslade

Interested Party

John Clelland

Interested Party

Mr Delaney

Interested Party

Procedural Posture

Insolvency Application / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether Information Governance Limited is unable to pay its debts
  2. 2 Whether an administration order should be made
  3. 3 Validity of director appointments under shareholders agreement

Ratio Decidendi

The court found that IGL is unable to pay its debts for the purposes of paragraph 11 of Schedule B1, but refused to make an administration order due to the unusual circumstances of recent director appointments and the possibility of business revival, leaving the decision to the newly appointed directors.

Court Disposition

application dismissed

Orders

  • Refusal to make administration order
  • Application stands dismissed