Insolvency Act 1986, Schedule B1, paragraph 19

SCHEDULE B1 ADMINISTRATION

19The appointment of an administrator under paragraph 14 takes effect when the requirements of paragraph 18 are satisfied.

Definitions used in Schedule B1, paragraph 19 1

administrator

1 (1) For the purposes of this Act “administrator” of a company means a person appointed under this Schedule to manage the company’s affairs, business and property.

Defined in Sch.B1 para.1(1) · see it in the full Act

“administrator” has the meaning given by paragraph 1 and, where the context requires, includes a reference to a former administrator,

Defined in Sch.B1 para.111(1) · see it in the full Act

Cases considering Schedule B1, paragraph 19 10

Guruparan Chandrasekaran v Nicola Jayne & Ors

[2023] EWHC 522 (Ch) · 27 February 2023Limits

Limits the effect of paragraph 19 by holding that it does not automatically make every non-compliance with paragraph 18 a nullity. The consequence depends on the nature of the defect and the statutory purpose. (see paras [6], [30], [41]-[42], [51(a)-(c)])

Secure Mortgage Corporation Ltd & Anor v Harold & Ors

[2020] EWHC 1364 (Ch) · 28 May 2020

The court applied paragraph 19 strictly: an appointment takes effect only when the paragraph 18 requirements are satisfied. Non-compliance meant that the purported appointment had not taken effect. (see paras [32]; [35])

Causer & Anor v All Star Leisure (Group) Ltd

[2019] EWHC 3231 (Ch) · 28 November 2019

The court treated paragraph 19 as linking the effectiveness of the appointment to satisfaction of the filing requirements, and therefore cured the filing defect so that the appointment took effect at 4.18 pm (see paras [16]-[17], [37]).

What each judgment says about Schedule B1, paragraph 19 is in the case-law panel in the full Act.