Out-of-court administration appointments—time and date of appointment
Out-of-court administration appointments—time and date of appointment

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

  • Out-of-court administration appointments—time and date of appointment
  • Out-of-court appointments—background
  • NJM Clothing (decision 20 March 2018)
  • Towcester Racecourse (decision 2 October 2018)
  • Re Spaces London Bridge Ltd (decision 18 October 2018)

Out-of-court appointments—background

Prior to the Insolvency (England and Wales) Rules 2016 (IR 2016), there was no requirement to specify the date and time of appointment in a ‘Notice of Appointment’ of an administrator. The position changed as a result of IR 2016, SI 2016/1024, rr 3.24 ‘Notice of appointment after notice of intention to appoint’ and 3.25 ‘Notice of appointment without prior notice of intention to appoint’ which require that the ‘Notice of Appointment’ contains a statement that ‘the company has or the directors have, as the case may be, appointed the person named as administrator of the company’, and must also contain, ‘the date and time of the appointment’. This is separate to the time and date given by the court when the appointment papers are filed in court pursuant to IR 2016, SI 2016/1024, r 3.26(3).

In practice therefore, practitioners have adopted various different approaches to completing the time and date of the appointment on the notice of appointment. Some have elected to complete the time and date of appointment in the ‘Notice of Appointment’ immediately before filing papers at court. An alternative has been to not attempt to specify a time and date and instead refer to the appointment being made at the date and time of the filing at court.

This Practice Note considers the requirements of