Paragraph 84 of Schedule B1 to the Insolvency Act 1986—a road-block for creditors? (Wonop APS v Jagger)
Restructuring & Insolvency analysis: The High Court considered the consequences of the filing of a notice by administrators under paragraph 84(1) of Schedule B1 to the Insolvency Act 1986 (IA 1986) in circumstances where those same administrators were removed and replaced by court order before the notice was registered under IA 1986, Sch B1, para 84(4). The court held that, notwithstanding the removal and replacement of the administrators, the office of administrator and the administration of the company will come to an end when the notice is registered by the Registrar of Companies. The case illustrates the difficulty in taking action in respect of an administration under IA 1986, Sch B1 if the relevant action cannot be completed before an administrator files a notice under IA 1986, Sch B1, para 84(1) that the company has no property to permit a distribution to creditors, which upon registration will trigger the three-month countdown to dissolution. Written by Nathan Webb, barrister at Forum Chambers.