Officeserve Technologies Ltd, Re [2017] EWHC 906 (Ch) (08 February 2017)

Officeserve Technologies Ltd, Re [2017] EWHC 906 (Ch) (08 February 2017)

Administration application dismissed due to significant post-petition dispositions and the need to preserve s.127 protections; winding up is more appropriate.

Citation
[2017] EWHC 906 (Ch)
Parties
Applicant: Officeserve Technologies Limited; Petitioner: Ben Thompson; Supporting Creditor: Frank Philips; Creditor: Bird & Bird LLP
Jurisdiction
England and Wales
Judgment Date
08 February 2017
Procedural Posture
Insolvency Application / Application for Administration Order
Outcome
application dismissed
Legal Topics
Administration Order, Winding Up, Post Petition Dispositions, Appointment of Liquidator
Insolvency Company Law Administration Order Winding Up Post Petition Dispositions Appointment of Liquidator

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Officeserve Technologies Limited

Applicant

Ben Thompson

Petitioner

Frank Philips

Supporting Creditor

Bird & Bird LLP

Creditor

Procedural Posture

Insolvency Application / Application for Administration Order

Legal Issues

  1. 1 Whether an administration order should be made instead of a winding up order
  2. 2 Impact of post-petition dispositions under s.127 Insolvency Act 1986
  3. 3 Whether administration achieves a better result for creditors than liquidation

Ratio Decidendi

Administration application dismissed due to significant post-petition dispositions and the need to preserve s.127 protections; winding up is more appropriate.

Court Disposition

application dismissed

Orders

  • administration application dismissed
  • court will hear further argument regarding transfer of Bristol winding up petition