Wright & Ors v HMV Ecommerce Ltd & Anor

Wright & Ors v HMV Ecommerce Ltd & Anor

Any breach of Practice Direction 8.1 was inadvertent, did not go to the root of the appointment, and caused no substantial injustice. The appointment of administrators was valid and effective from the time of electronic filing. Any procedural defect is waived and time for filing is extended.

Parties
Applicant: William Wright, David John Pike & Neil David Gostelow; Respondent: HMV Ecommerce Limited; Respondent: HMV Retail Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Insolvency Application / Judgment on Validity of Administrators' Appointment and Procedural Compliance
Outcome
declarations granted; time for filing extended; any non-compliance waived
Legal Topics
Appointment of Administrators, Electronic Filing, Procedural Irregularity, Practice Directions
Insolvency Law Appointment of Administrators Electronic Filing Procedural Irregularity Practice Directions

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Parties

William Wright, David John Pike & Neil David Gostelow

Applicant

HMV Ecommerce Limited

Respondent

HMV Retail Limited

Respondent

Procedural Posture

Insolvency Application / Judgment on Validity of Administrators' Appointment and Procedural Compliance

Legal Issues

  1. 1 Whether the electronic filing of the notice of appointment of administrators outside court hours was a breach of Practice Direction 8.1 and its effect on the validity of the appointment
  2. 2 Whether any procedural defect or irregularity invalidates the appointment or acts of the administrators

Ratio Decidendi

Any breach of Practice Direction 8.1 was inadvertent, did not go to the root of the appointment, and caused no substantial injustice. The appointment of administrators was valid and effective from the time of electronic filing. Any procedural defect is waived and time for filing is extended.

Court Disposition

declarations granted; time for filing extended; any non-compliance waived

Orders

  • Declaration that the appointment of administrators was effective from 5.54pm on 28 December 2018
  • Declaration that acts of the administrators since that time are valid