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
The court's decision in the recently decided case of Re Business Environment Fleet Street Ltd (In Administration)  EWHC 3540 (Ch),  All ER (D) 334 (Oct) highlights how important it is for administrators to properly analyse the circumstances they face to ensure the relief they seek is both appropriate in the circumstances, and that it is a relief that the court has jurisdiction to give.
Stephen Atherton QC of 20 Essex Street, who acted for the first and second Respondents, considers the issues that arose.
The adminstrators applied under the Insolvency Act 1986, Sch B1, para 72 (IA 1986) to dispose of certain assets. The Companies Court held that it had no jurisdiction to grant the application where it was not persuaded on the balance of probabilities that a chattel leasing agreement had given possession of the assets to the company.
The key features of the case were:
The administrators' principal application was for an order under IA 1986, Sch B1, para 72 as against the company whichcontended that it had title to the goods. Such an order, if made, permits an administrator of a company to sell assets whichare in the possession of the company in administration under a hire-purchase
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