- Invalid appointment of administrator (Re Secure Mortgage)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: The High Court found that an out-of-court appointment of an administrator by the executors of an estate was invalid because the executors had been unable to show that the qualifying floating charge (that had been relied upon for the purposes of paragraph 14(1) of Schedule B1 to the Insolvency Act 1986 (IA 1986)) was comprised within the estate and, in any event, absent a grant of probate, the executors were unable to prove their title before the court under the Land Transfer Act 1897 (LTA 1897) and Administration of Estates Act 1925. (AEA 1925). The court also found that the appointment would in any event have been invalid as the notice of appointment did not comply with the requirements of IA 1986, Sch B1, para 18. Written by Mark Harper QC of Kings Chambers, who represented the applicants.
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