Calibre Solicitors Ltd (In Administration), Justice Capital Ltd v Murphy & Another


Reference:
[2015] BPIR 435

Date:
12th November 2014

Court:
Companies Court

Facts:

Administration - Challenge to administrators’ remuneration and expenses – Need for separate application in respect of each progress report – Extension of time for application

Jonathan Lopian represented the creditor applicant in its Cabletel challenge to the administrators’ fees and expenses. The court’s decision established for the first time that under r.2.109 of the Insolvency Rules 1986 it was necessary for an applicant to issue a fresh application in respect of each progress report, even if the matters raised in the subsequent applications were identical to the first. The court also held that it had power under r.12A.55(2) to extend time under CPR 3.1(2)(a) for a second application to be issued beyond the 8-week time limit provided by r.2.109(1B) because an extension did not offend the purpose of the time limit, which was aimed at achieving certainty by quick resolution in the context of a short-term moratorium for the duration of administration period, since time was not  always short for an administration and the purpose of certainty was not therefore to be treated as absolute.   


Judge:
Mr Registrar Jones

Comment:

Click here to view judgment

Instructing solicitor was Field Fisher Waterhouse

Associated Members:


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