Tre Ciccio Altrincham Ltd & Anor, Re [2021] EWHC 3525 (Ch) (27 August 2021)

Tre Ciccio Altrincham Ltd & Anor, Re [2021] EWHC 3525 (Ch) (27 August 2021)

The court has no power to order immediate dissolution of a company under paragraph 79(4) of Schedule B1 to the Insolvency Act 1986; dissolution must proceed via the statutory process under paragraph 84, with notice to the registrar.

Citation
[2021] EWHC 3525 (Ch)
Parties
Applicant: Patrick Alexander Lannagan; Applicant: Conrad Alexander Pearson; Company: Tre Ciccio Altrincham Limited (in administration); Company: Tre Ciccio Ramsbottom Limited (in administration)
Jurisdiction
England and Wales
Judgment Date
27 August 2021
Procedural Posture
Application Under Insolvency Act 1986, Paragraph 79 of Schedule B1 / Judgment on Application
Outcome
application granted in part; no order for immediate dissolution; direction for administrators to move company to dissolution under paragraph 84
Legal Topics
Administration Termination, Company Dissolution, Court Powers Under Insolvency Act
Insolvency Company Law Administration Termination Company Dissolution Court Powers Under Insolvency Act

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Parties

Patrick Alexander Lannagan

Applicant

Conrad Alexander Pearson

Applicant

Tre Ciccio Altrincham Limited (in administration)

Company

Tre Ciccio Ramsbottom Limited (in administration)

Company

Procedural Posture

Application Under Insolvency Act 1986, Paragraph 79 of Schedule B1 / Judgment on Application

Legal Issues

  1. 1 Does the court have power to order immediate dissolution of a company under paragraph 79(4) of Schedule B1 to the Insolvency Act 1986?
  2. 2 What is the correct procedure for moving a company from administration to dissolution when there are no assets for distribution?

Ratio Decidendi

The court has no power to order immediate dissolution of a company under paragraph 79(4) of Schedule B1 to the Insolvency Act 1986; dissolution must proceed via the statutory process under paragraph 84, with notice to the registrar.

Court Disposition

application granted in part; no order for immediate dissolution; direction for administrators to move company to dissolution under paragraph 84

Orders

  • Administrators to move each company to dissolution under paragraph 84 of Schedule B1 to the Insolvency Act 1986
  • Administrators discharged from liability 28 days after filing notice with registrar