Court appointments of administrators—the procedure
Court appointments of administrators—the procedure

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Court appointments of administrators—the procedure
  • Brexit impact
  • The procedure
  • Who may apply
  • The application
  • The witness statement in support
  • Statement of proposed administrator(s)
  • Filing at court
  • Service and notice requirements
  • The court hearing
  • more

This Practice Note will cover:

  1. the procedure for court administration appointments, and

  2. the documents required to make an application

For details on who is entitled to apply for a court appointment and in what circumstances, see Practice Note: Court appointments—who can apply and in what circumstances? For the process post-appointment, see Practice Note: Administration—the process post appointment.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources. For further details of the impact on the Recast Regulation on Insolvency, see Practice Note: Brexit—impact on Recast Regulation on Insolvency. In particular, for the impact on administrations, see Practice Note: Brexit—impact on administration.

We will continue to monitor developments in this respect and throughout the negotiation period and beyond.