Court appointments—who can apply and in what circumstances?
Court appointments—who can apply and in what circumstances?

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

  • Court appointments—who can apply and in what circumstances?
  • Brexit impact
  • What is administration?
  • Who is entitled to make an application to the court for an administration order
  • Court discretion

This Practice Note will cover:

  1. the purpose of administration

  2. who can apply for a court-appointed administrator, and in what circumstances

This Practice Note does not cover:

  1. administrations of partnerships or limited liability partnerships (LLPs). See Practice Note: Administration of a Limited Liability Partnership

  2. who can make an out-of-court appointment. See Practice Note: Out-of-court appointments—who can apply and in what circumstances?

  3. the process for either court appointments or out-of-court appointments. See:

    1. Out-of-court administration appointments by a company or its directors—the procedure

    2. Out-of-court administration appointments by a QFCH—the procedure

    3. Court appointments—the procedure

    4. Appointment of an administrator using the court procedure—checklist and timeline

    5. Appointment of an administrator using the out-of-court procedure by a qualifying floating charge holder (QFCH)—checklist and timeline

    6. Appointment of an administrator using the out-of-court procedure by the director(s) or the company—checklist and timeline

Brexit impact

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the European Union. 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. In the meantime, for further reading on the impact of Brexit and related issues facing lawyers in