Defective appointment of administrators using the CE-Filing system (Re Carter Moore Solicitors)

Defective appointment of administrators using the CE-Filing system (Re Carter Moore Solicitors)

In the latest example of practitioners falling foul of the numerous tripwires surrounding the appointment of administrators using the CE-Filing system, this decision demonstrates the court’s increased willingness to exercise its discretionary powers to validate the appointment. It also highlights the pitfalls of a system presently designed to bring certainty and ease of use, but which instead brings about potentially disastrous consequences for relatively minor infractions. Written by Ali Tabari, barrister and mediator at St Philips Chambers.

Re Carter Moore Solicitors [2020] EWHC 186 (Ch), [2020] All ER (D) 61 (Feb)

What are the practical implications of this case?

This case is a further demonstration of the court’s ability to use its discretion sensibly when confronted with an error arising from the use of CE-Filing, and lends yet more support to applicants wishing to persuade judges to validate the appointment of administrators in cases where there has been some error or failure to comply with the various rules and practice directions concerning electronic working.

Unfortunately, this case also demonstrates the potential consequences of even the most minor procedural default, and ought to hasten a change in the rules which will put practitioners’ minds at rest and prevent the need for so many applications for declaratory relief being listed in an already-crowded court system.

Interestingly, in the past fortnight the Chancellor of the High Court, Sir Geoffrey Vos, ha

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About the author:

Zahra started working as a paralegal at Lexis Nexis in Banking and Insolvency teams in April 2019. Zahra graduated with a 2.1 honours in a BA French and Spanish, completed the GDL at BPP University and is seeking some experience before commencing the LPC. She has undertaken voluntary work for law firms in London, Argentina and Colombia.