Out-of-court-hours administration appointments—when do they take effect? (Causer and another v All Star Leisure (Group) Ltd)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Restructuring & Insolvency analysis: This article discusses a recent High Court decision which clarifies the consequences of a notice of appointment of administrators by a qualifying floating chargeholder (QFCH) being filed outside of court opening hours, and gives guidance on how, if necessary, such appointments can be validated so as to take effect from the time of filing. There had been two recent conflicting authorities on those points, and His Honour Judge Cooke set out his analysis of the existing legislative framework, the proper application of the existing rules, and his recommendations for future reform so to avoid confusion. Written by Ali Tabari, barrister at St Philips Chambers, who appeared for the applicants.