- The timing for appointing an administrator when using the out-of-court procedure (Ross and another (as joint administrators of NJM Clothing Ltd) v Fashion Design Solutions Ltd and another company)
- What are the practical implications of the judgment?
- What was the background?
- What did the court decide?
Restructuring & Insolvency analysis: Cristin Toman, barrister, at Enterprise Chambers, who acted for Fashion Design Solutions Ltd in Ross and another, examines the Chancery Division’s consideration of the correct procedure for the appointment of administrators of an insolvent company. Although in this case there had been defects in the process of appointing the applicants as joint administrators of an online retailer, those defects did not invalidate their appointment.
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