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England and Wales Case Law

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Probate [2022] EWHC 147 (Ch)

Pangou v Nzoulou

Pangou v Nzoulou [2022] EWHC 147 (Ch) (07 January 2022)

The High Court held that special circumstances justified appointing Rina Nzoulou as administrator for the limited purpose of disposing of Augel Pangou’s body in England.

  • Intestacy
  • Letters of administration
  • Disposal of deceased's body
  • Administrator appointment
  • Letters-of-administration
  • Disposal-of-deceased-body
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Insolvency [2021] EWHC 1952 (Ch)

Galer v Mond (Administrator of SFPL Ltd & Ors

Galer v Mond (Administrator of SFPL Ltd & Ors [2021] EWHC 1952 (Ch) (15 January 2021)

The High Court rejected a challenge to an administrator’s appointment, upholding the statutory declaration, assignment of debt rights, and the administrator’s independence.

  • Administrator appointment
  • Floating charge
  • Assignment of debt
  • Statutory declaration
  • Independence of administrator
  • Administrator-appointment
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Insolvency [2020] EWHC 3171 (Ch)

Strategic Advantage SPC v Rutter & Ors (Rev 1)

Strategic Advantage SPC v Rutter & Ors (Rev 1) [2020] EWHC 3171 (Ch) (14 October 2020)

The court held that failure to give a qualifying floating charge holder notice of intention to appoint an administrator was an irregularity, not a void appointment.

  • Administrator appointment
  • Notice requirements
  • Procedural irregularity
  • Remedies for breach
  • Court powers in administration
  • Insolvency
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Insolvency [2019] EWHC 3231 (Ch)

Causer & Anor v All Star Leisure (Group) Ltd

Causer & Anor v All Star Leisure (Group) Ltd [2019] EWHC 3231 (Ch) (28 November 2019)

The High Court validated an administrators’ appointment filed through CE File outside court hours, curing the filing defect under Insolvency Rule 12.64.

  • Electronic filing
  • Administrator appointment
  • Practice directions
  • Insolvency rules
  • Administration-appointment
  • Electronic-filing
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Insolvency [2011] EWHC 3959 (Ch)

Ramora UK Ltd, Re

Ramora UK Ltd, Re [2011] EWHC 3959 (Ch) (26 August 2011)

The court held that administrators were validly appointed despite an earlier HMRC winding-up petition presented during the interim moratorium.

  • Administrator appointment
  • Winding up petition
  • Statutory moratorium
  • Insolvency
  • Administration
  • Winding-up-petition
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Insolvency

MTB Motors Ltd, Re

The High Court held that failure to file required FSA consent made the administrators’ original appointment invalid, but granted a retrospective administration order to regularise the position.

  • Administrator appointment
  • Fsa consent
  • Retrospective administration order
  • Validity of acts
  • Procedural defects
  • Administrator-appointment
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Insolvency [2010] EWHC 3751 (Ch)

MTB Motors Ltd, Re

MTB Motors Ltd, Re [2010] EWHC 3751 (Ch) (26 November 2010)

The High Court held that failure to file FSA consent meant the initial administrator appointment was invalid, but made a retrospective administration order and validated interim acts.

  • Administrator appointment
  • Fsa consent
  • Retrospective administration order
  • Defects in appointment
  • Validation of acts
  • Insolvency
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Insolvency

Blights Builders Ltd, Re

The court held that a winding up petition is presented when delivered to court, not when issued. That made the administrators’ appointment invalid, though an administration order was granted.

  • Winding up petition
  • Administrator appointment
  • Invalid appointment
  • Administration order
  • Winding-up-petition
  • Administrator-appointment
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.