NMC Health plc (In Administration) v Ernst & Young LLP [2024] EWHC 2905 (Comm)

Litigation privilege: this applies here to documents created for the dominant purpose of obtaining legal advice; or information or evidence, in connection with litigation which is reasonably contemplated. The case was heard in the context of interviews which were conducted by insolvency practitioners appointed following the discovery of a massive fraud and associated dent in the … Read more

Haw & Anor v QM Systems Ltd [2024] EWHC 1944 (Ch)

This case concerned the validity of appointments of joint administrators, appointed in respect of QM Systems Ltd, where there were procedural defects in the notice of appointment (NOA). It does appear to be the case that practitioners are still concerned over whether every “i” is dotted and “t” is crossed in an NOA. This may … Read more

Boughey & Anor v Toogood International Transport and Agricultural Services Ltd (Re Insolvency Act 1986) [2024] EWHC 1425 (Ch)

Here, the Court considered whose consent was required to extend an administration under paragraph 76 of Schedule B1 to the Insolvency Act 1986; that is, was it current secured creditors only, or was it also secured creditors who had been paid off in full? Although the administrators had sought and obtained consent to the extension … Read more

Loveridge v Povey and Ors [2024] EWHC 329 (Ch)

Here a company shareholder attempted to challenge the administrators’ proposal to rescue a balance sheet solvent company by securing additional funding, instead of selling the business. The shareholder wanted to sell the business and assets. The application of Michael Loveridge to challenge the administrators’ decision formed part of a long-running family dispute. The company in … Read more

Data Power Systems Limited and Or v Safehosts (London) Limited and Anor [2013] EWHC 2479 (Ch)

In this case the High Court refused an application for an administration order and instead appointed a provisional liquidator. There was no substantive evidence that one of the statutory purposes of administration could be achieved. This case made it clear that where it is merely asserted that one of the statutory purposes of administration is … Read more