Kerry Underwood

DIRECTORS’ ADMINISTRATION APPOINTMENT BY ELECTRONIC FILING OUT OF COURT HOURS IS VALID

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In

Wright and others v HMV Ecommerce Ltd and another [2019] EWHC 903 (Ch)

the High Court considered the validity of a purported appointment of administrators where directors of a company filed a notice of appointment electronically out of usual court opening hours.

The court held that the filing was either not in breach of paragraph 8.1 of the Practice Direction – Insolvency Proceedings July 2018, which was ambiguous; or alternatively was a breach or defect, but one that did not invalidate the purported appointment.

Any non-compliance with paragraph 8.1 of the Practice Direction – Insolvency Proceedings 2018 was capable of being remedied by order or declaration of the court under paragraph 104 of Schedule B1 to the Insolvency Act 1986, rule 12.64 of the Insolvency (England and Wales) Rules 2016 SI 2016/1024, and Part 3 of the Civil Procedure Rules.

Underwoods Solicitors are the solicitors for the Liquidators in the Cambridge Analytica case.

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Written by kerryunderwood

April 24, 2019 at 10:41 am

Posted in Uncategorized

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