Information Governance v Popham [2013] EWHC 2611 (Ch) (07 June 2013)
Although the company appears unable to pay its debts, the unusual circumstances—specifically, the recent valid appointment of two directors who oppose administration and believe the company may be revived—mean it is not appropriate to make an administration order at this time.
- Citation
- [2013] EWHC 2611 (Ch)
- Parties
- Claimant: Information Governance; Defendant: Popham
- Jurisdiction
- England and Wales
- Judgment Date
- 07 June 2013
- Procedural Posture
- Application for Administration Order / Judgment on Application
- Outcome
- Application for administration order dismissed
- Legal Topics
- Administration Order, Director Powers, Shareholder Rights, Insolvency Act 1986, Shareholders Agreement
Case Brief
Summary, issues, holding and outcome
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Parties
Information Governance
Claimant
Popham
Defendant
Procedural Posture
Application for Administration Order / Judgment on Application
Legal Issues
- 1 Whether Information Governance Limited is unable to pay its debts or likely to become unable to pay its debts
- 2 Whether the court should exercise its discretion to make an administration order given the company's circumstances and recent changes to the board of directors
Ratio Decidendi
Although the company appears unable to pay its debts, the unusual circumstances—specifically, the recent valid appointment of two directors who oppose administration and believe the company may be revived—mean it is not appropriate to make an administration order at this time.
Court Disposition
Application for administration order dismissed
Orders
- Refusal to make an administration order on Mr Hall's application
Full Case Text
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