Wright & Ors v HMV Ecommerce Ltd & Anor [2019] EWHC 903 (Ch) (24 January 2019)

Wright & Ors v HMV Ecommerce Ltd & Anor [2019] EWHC 903 (Ch) (24 January 2019)

Any breach of Practice Direction 8.1 by filing the notice of appointment of administrators outside court hours was, at most, a procedural irregularity that did not invalidate the appointment or acts of the administrators. The court has power to extend time and/or waive the defect, and no substantial injustice arose.

Citation
[2019] EWHC 903 (Ch)
Parties
Applicant: William Wright; Applicant: David John Pike; Applicant: Neil David Gostelow; Respondent: HMV Ecommerce Limited; Respondent: HMV Retail Limited
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Insolvency Application / Application for Declaration And/or Remedy Regarding Appointment of Administrators
Outcome
Declarations granted; time for filing extended; any non-compliance waived.
Legal Topics
Appointment of Administrators, Electronic Filing, Practice Directions, Procedural Irregularity
Insolvency Law Company Law Appointment of Administrators Electronic Filing Practice Directions Procedural Irregularity

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Parties

William Wright

Applicant

David John Pike

Applicant

Neil David Gostelow

Applicant

HMV Ecommerce Limited

Respondent

HMV Retail Limited

Respondent

Procedural Posture

Insolvency Application / Application for Declaration And/or Remedy Regarding Appointment of Administrators

Legal Issues

  1. 1 Whether electronic filing of notice of appointment of administrators outside court hours was a breach of Practice Direction 8.1
  2. 2 Whether any such breach invalidates the appointment or acts of administrators
  3. 3 Whether the court should grant a remedy for any procedural defect

Ratio Decidendi

Any breach of Practice Direction 8.1 by filing the notice of appointment of administrators outside court hours was, at most, a procedural irregularity that did not invalidate the appointment or acts of the administrators. The court has power to extend time and/or waive the defect, and no substantial injustice arose.

Court Disposition

Declarations granted; time for filing extended; any non-compliance waived.

Orders

  • Declaration that the appointment of administrators was effective from 17:54 on 28 December 2018.
  • Declaration that acts of the administrators since that time are valid.