Sophie Rebecca Perhar v Louise Freestone & Ors (Re The Sustainable Bathroom Company Ltd)

Sophie Rebecca Perhar v Louise Freestone & Ors (Re The Sustainable Bathroom Company Ltd)

The floating charge was enforceable at the date of appointment due to implication of an enforceability term for business efficacy; procedural defects in the appointment documentation were not fundamental, caused no substantial injustice, and were capable of cure under insolvency rules.

Parties
Applicant: Sophie Rebecca Perhar; First Respondent: Louise Freestone; Second Respondent: Paul Mallatratt; Third Respondent: Synergy in Trade Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Insolvency Application / Judgment on Application Challenging Appointment of Administrators
Outcome
Application dismissed
Legal Topics
Appointment of Administrators, Enforceability of Floating Charge, Procedural Defects in Appointment, Implication of Contractual Terms
Insolvency Company Law Appointment of Administrators Enforceability of Floating Charge Procedural Defects in Appointment Implication of Contractual Terms

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Parties

Sophie Rebecca Perhar

Applicant

Louise Freestone

First Respondent

Paul Mallatratt

Second Respondent

Synergy in Trade Ltd

Third Respondent

Procedural Posture

Insolvency Application / Judgment on Application Challenging Appointment of Administrators

Legal Issues

  1. 1 Whether the floating charge under which administrators were appointed was enforceable at the date of appointment
  2. 2 Whether defects in the notice of appointment were fatal and incapable of cure

Ratio Decidendi

The floating charge was enforceable at the date of appointment due to implication of an enforceability term for business efficacy; procedural defects in the appointment documentation were not fundamental, caused no substantial injustice, and were capable of cure under insolvency rules.

Court Disposition

Application dismissed

Orders

  • Application challenging appointment of administrators is dismissed
  • Court will hear parties on the form of the order