Administration in UK Law

Leading Cases
  • Freakley and Others v Centre Reinsurance International Company and Others
    • House of Lords
    • 11 October 2006

    There seems to me no reason of policy why such obligations (which may or may not be in the interests of the administration) should be given priority over the company's other debts. As I have said, the purpose of administration under the 1986 Act was simply to impose a moratorium to allow time to find a way of saving the business or realising it to better advantage than in a liquidation.

  • Rohl v Bickland Ltd ((in Administration))
    • Chancery Division
    • 22 March 2012

    That is an important point for present purposes because it demonstrates that, while Rule 2.67 may constitute a complete code as to what are strictly called expenses, there remains an avenue by which other items can be considered as if they were expenses (a distinction adverted to by Lord Hoffman in Toshouku).

  • Re Ballast Plc ((in Administration)) and Others
    • Chancery Division
    • 21 October 2004

    Whether the circumstances are present which entitle the administrators to have recourse to paragraph 83 (in the case of Ballast and Investments) and 84 (in the case of Management) is for the administrators. The evidence discloses that the creditors have been informed of the joint administrators' wish so to proceed; none has objected.

  • Re Atlantic Computer Systems Plc
    • Court of Appeal (Civil Division)
    • 25 July 1990

    In contrast, an administration is intended to be only an interim and temporary regime. There is to be a breathing-space while the company, under new management in the person of the administrator, seeks to achieve one or more of the purposes set out in section 8 (3).

    (5) Thus it will normally be a sufficient ground for the grant of leave if significant loss would be caused to the lessor by a refusal. But if substantially greater loss would be caused to others by the grant of leave, or loss which is out of all proportion to the benefit which leave would confer on the lessor, that may outweigh the loss to the lessor caused by a refusal.

  • Re Allders Department Stores Ltd and other companies
    • Chancery Division
    • 16 February 2005

    The position set out in paragraph 99 is not in my judgment affected by the general administration expenses provisions in the Insolvency Rules. The general provisions of Rule 2.67 of the Insolvency Rules should not be construed to override the lex specialis of paragraph 99 in Schedule B1 to the 1986 Act.

    I do not consider that the statutory liabilities for redundancy payments or unfair dismissal claims would be "necessary disbursements" for the purposes of Rule 2.67(1)(f). It is not the ratio of that case that any liability imposed on a company which is not provable as a debt is thereby rendered a "necessary disbursement."

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Books & Journal Articles
  • Road Administration
    • No. 17-1, January 1939
    • Public Administration
  • Highway Administration
    • No. 6-4, October 1928
    • Public Administration
  • Public Administration
    • No. 12-1, January 1934
    • Public Administration
  • Public Administration
    • No. 32-2, September 2014
    • Teaching Public Administration
    What is understood by “public administration” in the contemporary UK higher education setting? Is it still being taught and, if so, why? These questions initially appear to be fairly straightforwar...
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Law Firm Commentaries
  • (UK) HMV’s Administration
    • LexBlog United Kingdom
    This post was written by Siobhan Hayes and Katherine A. Campbell. This morning we got the news that HMV had gone into administration and last week it was Jessop that went under. HMV’s administrator...
  • Pre-Pack Administration
    • JD Supra United Kingdom
    Control over pre-packs looks set to tighten further - As we stand looking into the abyss of another financial crisis, the UK government looks set to further tighten the screw to control pre-pack...
  • Administration Rents: Next Stop - Court of Appeal
    • JD Supra United Kingdom
    A key legal High Court hearing on the “Goldacre Ruling”, which deals with how rent is paid during an administration (and often leaves landlords out of pocket), means that the Court of Appeal will n...
  • International News: Brexit & the US Administration
    • JD Supra United Kingdom
    Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on cap...
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