Administration in UK Law

Leading Cases
  • Freakley and Others v Centre Reinsurance International Company and Others
    • House of Lords
    • 11 Oct 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.

  • Re Allders Department Stores Ltd and other companies
    • Chancery Division
    • 16 Feb 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."

  • Re Atlantic Computer Systems Plc
    • Court of Appeal
    • 25 Jul 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 Ballast Plc ((in Administration)) and Others
    • Chancery Division
    • 21 Oct 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 The Designer Room Ltd
    • Chancery Division
    • 23 Mar 2004

    I have not, however, been persuaded that the payment is so necessary or incidental. It is a case where, as matters stand at present, the administrators propose to petition for the compulsory winding up of the company.

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Books & Journal Articles
  • ON TEACHING EDUCATIONAL ADMINISTRATION
    • Núm. 22-2, Febrero 1984
    • Journal of Educational Administration
    This article sets down some thoughts on the teaching of educational administration. It delves briefly into three interrelated aspects which need to be considered by teachers of the subject: the lea...
  • Effective Administration through Organizational Levels
    • Núm. 30-4, Abril 1992
    • Journal of Educational Administration
    Levels of complexity are constituent elements in living systems. The organization as a complex living system comprises four levels – individual, face‐to‐face team, group‐divisional, and policy‐stra...
  • Mathematics and Educational Administration
    • Núm. 10-2, Febrero 1972
    • Journal of Educational Administration
    This paper is devoted to the topic of how mathematics might be more efficiently used in educational administration. The position taken here is that mathematics is a branch of philosophy whose subje...
  • Santayanan—Weberian Reason in Administration
    • Núm. 7-1, Enero 1969
    • Journal of Educational Administration
    The major purpose is to provide a philosophic basis for the study and practice of educational administration. An explicit assumption is that logical, propositional thought is a desirable prelude to...
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Law Firm Commentaries
  • Pre-Pack Administration
    • JD Supra United Kingdom
    • Allen & Overy LLP
    • 9 de Noviembre de 2020
    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 ...
  • Outsourcing Fund Administration For Efficiency
    • Mondaq UK
    • 15 de Octubre de 2020
  • (UK) HMV’s Administration
    • LexBlog United Kingdom
    • Reed Smith LLP
    • 15 de Enero de 2013
    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...
  • Administration Rents: Next Stop - Court of Appeal
    • JD Supra United Kingdom
    • K&L Gates LLP
    • 17 de Julio de 2013
    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...
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