Safe Business Solutions Ltd v Cohen & Anor (As Joint Administrators of Algrave Ltd & Ors)

Safe Business Solutions Ltd v Cohen & Anor (As Joint Administrators of Algrave Ltd & Ors)

Permission to commence proceedings is granted because the purpose of the administration has been achieved, there is no creditor opposition, and the applicant's case has reasonable prospects of success. Delay does not cause prejudice and the pleaded case raises triable issues of fact.

Parties
Applicant: Safe Business Solutions Limited (in liquidation); Respondent: Malcolm Cohen; Respondent: Antony Newgate
Jurisdiction
England and Wales
Judgment Date
13 January 2017
Procedural Posture
Insolvency Application / Application for Permission to Commence Proceedings Against Companies in Administration
Outcome
Permission granted to commence proceedings, subject to conditions canvassed with counsel.
Legal Topics
Moratorium Under Administration, Permission to Commence Proceedings, Formation of Contract, Delay in Application
Insolvency Contract Moratorium Under Administration Permission to Commence Proceedings Formation of Contract Delay in Application

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Parties

Safe Business Solutions Limited (in liquidation)

Applicant

Malcolm Cohen

Respondent

Antony Newgate

Respondent

Procedural Posture

Insolvency Application / Application for Permission to Commence Proceedings Against Companies in Administration

Legal Issues

  1. 1 Whether the moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986 should be lifted to allow proceedings against companies in administration
  2. 2 Whether the applicant has a seriously arguable case or reasonable prospects of success
  3. 3 Effect of delay in making the application

Ratio Decidendi

Permission to commence proceedings is granted because the purpose of the administration has been achieved, there is no creditor opposition, and the applicant's case has reasonable prospects of success. Delay does not cause prejudice and the pleaded case raises triable issues of fact.

Court Disposition

Permission granted to commence proceedings, subject to conditions canvassed with counsel.

Orders

  • Permission to commence proceedings against the Companies is granted, subject to conditions.