CHAD GRIFFIN AND THOMAS CAMPBELL MACLENNAN AS JOINT ADMINISTRATORS OF ALEXANDER INGLIS AND SON LTD [2024] ScotCS CSOH_12 (09 February 2024)

CHAD GRIFFIN AND THOMAS CAMPBELL MACLENNAN AS JOINT ADMINISTRATORS OF ALEXANDER INGLIS AND SON LTD [2024] ScotCS CSOH_12 (09 February 2024)

It is competent and appropriate for the court to make a winding-up order by note under paragraph 79(4) without a petition; section 140 empowers the court to appoint the administrators as liquidators directly, not merely as interim liquidators; it is neither competent nor appropriate to fix liquidators' remuneration in advance at 20% of recoveries.

Citation
[2024] ScotCS CSOH_12
Parties
Joint Administrator and Applicant: Chad Griffin; Joint Administrator and Applicant: Thomas Campbell MacLennan; Company in Administration: Alexander Inglis and Son Ltd
Jurisdiction
Scotland
Judgment Date
09 February 2024
Procedural Posture
Administration to Liquidation (insolvency Proceedings) / Application for Orders Under Paragraph 79 of Schedule B1 to the Insolvency Act 1986
Outcome
First three orders granted; fourth order (remuneration) refused; leave to revisit remuneration refused.
Legal Topics
Administration, Liquidation, Appointment of Liquidator, Remuneration of Liquidator
Insolvency Company Law Administration Liquidation Appointment of Liquidator Remuneration of Liquidator

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Parties

Chad Griffin

Joint Administrator and Applicant

Thomas Campbell MacLennan

Joint Administrator and Applicant

Alexander Inglis and Son Ltd

Company in Administration

Procedural Posture

Administration to Liquidation (insolvency Proceedings) / Application for Orders Under Paragraph 79 of Schedule B1 to the Insolvency Act 1986

Legal Issues

  1. 1 Competency of winding-up order by note rather than petition
  2. 2 Whether court must appoint interim liquidator under section 140
  3. 3 Appropriateness of approving liquidators' remuneration at 20% of recoveries

Ratio Decidendi

It is competent and appropriate for the court to make a winding-up order by note under paragraph 79(4) without a petition; section 140 empowers the court to appoint the administrators as liquidators directly, not merely as interim liquidators; it is neither competent nor appropriate to fix liquidators' remuneration in advance at 20% of recoveries.

Court Disposition

First three orders granted; fourth order (remuneration) refused; leave to revisit remuneration refused.

Orders

  • Appointment of joint administrators as liquidators granted.
  • Discharge from liability as joint administrators granted.