Bulb Energy Ltd, Re [2023] EWHC 1647 (Ch) (09 June 2023)
The court approved the administrators' remuneration and pre-appointment costs after independent assessment confirmed the sums sought were fair, reasonable, and commensurate with the work undertaken, and BEIS, as the primary economic stakeholder, had approved the figures. No objections from other stakeholders were sustained.
- Citation
- [2023] EWHC 1647 (Ch)
- Parties
- Company: Bulb Energy Limited; Administrator: Mr Matthew Cowlishaw; Administrator: Mr Matthew Smith; Administrator: Mr Daniel Butters; Stakeholder: Secretary of State for Business, Energy and Industrial Strategy (BEIS); Secured Creditor: Sequoia
- Jurisdiction
- England and Wales
- Judgment Date
- 09 June 2023
- Procedural Posture
- Insolvency Administration / Application for Approval of Remuneration and Pre Appointment Costs
- Outcome
- applications granted
- Legal Topics
- Special Energy Administration, Remuneration of Administrators, Pre Appointment Costs, Stakeholder Interests
Case Brief
Summary, issues, holding and outcome
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Parties
Bulb Energy Limited
Company
Mr Matthew Cowlishaw
Administrator
Mr Matthew Smith
Administrator
Mr Daniel Butters
Administrator
Secretary of State for Business, Energy and Industrial Strategy (BEIS)
Stakeholder
Sequoia
Secured Creditor
Procedural Posture
Insolvency Administration / Application for Approval of Remuneration and Pre Appointment Costs
Legal Issues
- 1 Whether the administrators' remuneration and pre-appointment costs are fair, reasonable, and commensurate with the work undertaken
- 2 Whether the sums sought have been properly scrutinised and approved by stakeholders
- 3 Whether the court should approve the remuneration and costs based on independent assessment
Ratio Decidendi
The court approved the administrators' remuneration and pre-appointment costs after independent assessment confirmed the sums sought were fair, reasonable, and commensurate with the work undertaken, and BEIS, as the primary economic stakeholder, had approved the figures. No objections from other stakeholders were sustained.
Court Disposition
applications granted
Orders
- Administrators' remuneration approved in the sum of £24,969,221 plus VAT.
- Pre-appointment costs approved in the sum of £3,181,920.67 plus VAT.
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