Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Two different judgments have recently considered the consequences of e-filing a notice of appointment of an administrator out of court opening hours (so as to thereby appoint an administrator out-of-hours) with both courts finding that there is no legislative power which permits practitioners to do so. This has real implications for those working in this area, as filing a valid notice of appointment (under paragraphs  and  of Schedule B1 to the Insolvency Act 1986 (IA 1986) is a prerequisite to the appointment of the administrator actually taking effect at all (see paragraphs  and  of Schedule B1 to IA 1986). Attempting to e-file such a notice outside court hours—which is easy to do considering the 24–hour availability of e-filing—can mean the appointment of the administrator therefore does not take effect at the time of filing, or can instead lead to the appointment being held to be defective. Practitioners need to be aware of the limitations of the e-filing regime in this context, so as to avoid there being any question over the validity of an administrator’s appointment at the time he or she take their first acts in the administration. Written by Emily Gailey, barrister, at Maitland Chambers.
Re S.J. Henderson & Co Ltd; Re Triumph Furniture Ltd  EWHC 2742 (Ch)
Re Skeggs Beef Ltd Eason and another (as joint administrators of Skeggs Beef Ltd (in administration)) v Skeggs Beef Ltd (in administration)  EWHC 2607 (Ch)
Since the introduction of the Electronic Working Pilot Scheme, and its subsequent expansion, the concept of court opening hours has generally become less relevant to the day-to-day business of filing documents at court. It is now common for solicitors to e-file documents at court before 10am, for example, or after 4.30pm.
Where the document to be e-filed was the notice of appointment of an administrator, however, it was previously unclear whether
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234