Solicitors' costs in defending winding-up proceedings - get paid first!

Solicitors' costs in defending winding-up proceedings - get paid first!

The Court of Appeal in Neumans LLP v Andronikou and others [2013] EWCA Civ 916 [2013] All ER (D) 284 (Jul) has confirmed that the costs of the company’s solicitors in defending a winding-up petition would not be payable as an expense of the administration where the administrators had been appointed via the out of court route.

In dismissing the applicant solicitor's firms appeal held that, as a matter of construction of the Senior Courts Act 1981 and the Insolvency Rules 1986, the judge had been right in law to rule that the solicitors' fees in relation to the defence of a winding up petition had been payable as an expense of the liquidation, and were not payable as an expense in the out of court administration of the company.

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