26(1)A person who proposes to make an appointment under paragraph 22 shall give at least five business days’ written notice to—
(a)any person who is or may be entitled to appoint an administrative receiver of the company, and
(b)any person who is or may be entitled to appoint an administrator of the company under paragraph 14.
(2)A person who gives notice of intention to appoint under sub-paragraph (1) shall also give such notice as may be prescribed to such other persons as may be prescribed.
(3)A notice under this paragraph must—
(a)identify the proposed administrator, and
(b)be in the prescribed form.
Cases considering Schedule B1, paragraph 26 22
[2017] EWCA Civ 267 · 11 April 2017Interprets
Was construed as requiring a company or its directors to give notice only where there was a settled intention to appoint an administrator. A conditional proposal was insufficient. (see paras [36], [49]-[60], [64])
Requires written notice to the relevant prior appointment holders. The court held that the operative threshold was a settled and unconditional intention to appoint an administrator. (see paras [4], [51]-[57])
The repeated statutory description of a notice of intention supported reading proposes and intends as having a single meaning in this context. (see para [51])
[2026] EWHC 1125 (Ch) · 2 April 2026
The court applied paragraph 26 as requiring five business days’ written notice to a qualifying floating chargeholder before the proposed appointment. The requirement enables the chargeholder to consider initiating an alternative insolvency process. (see para [3])
[2021] EWHC 800 (Ch) · 31 March 2021Interprets
Interprets the failure to give the required written notice to a qualifying floating charge holder as a non-fundamental procedural defect rather than a nullity, where no substantial injustice is caused. The appointment therefore remained valid and the defect was curable. (see paras [5]; [15]-[18])
- Security Trustee Services Ltd & Ors v Seabrook Road Ltd (Re Seabrook Road Ltd) (Rev 1)[2021] EWHC 436 (Ch) · 25 January 2021
- Strategic Advantage SPC v Rutter & Ors (Rev 1)[2020] EWHC 3171 (Ch) · 14 October 2020
- Gregory & Ors v A.R.G. (Mansfield) Ltd[2020] EWHC 1133 (Ch) · 7 May 2020
- BXL Services, Re[2012] EWHC 1877 (Ch) · 10 July 2012
- Virtualpurple Professional Services Ltd, Re[2011] EWHC 3487 (Ch) · 21 December 2011
- Bezier Acquisitions Ltd, Re[2011] EWHC 3299 (Ch) · 12 December 2011
- Assured Logistics Solutions Ltd & Anor, Re[2011] EWHC 3029 (Ch) · 23 September 2011
- Derfshaw Ltd. & Ors, Re[2011] EWHC 1565 (Ch) · 2 June 2011
- Minmar (929) Ltd & Anor v Khalatschi & Anor[2011] EWHC 1159 (Ch) · 8 April 2011
- Cornercare Ltd, Re[2010] EWHC 893 (Ch) · 20 March 2010
- Jackson & Ors v Thakrar & Ors[2007] EWHC 2173 (TCC) · 10 October 2007
- Statebourne (Cryogenic) Ltd, Re Insolvency Act 1986[2020] EWHC 231 (Ch) · 7 February 2020
- Symm & Company Ltd, Re V[2020] EWHC 317 (Ch) · 5 February 2020
- Edwards & Anor v SJ Henderson & Company Ltd (Rev 1)[2019] EWHC 2742 (Ch) · 10 October 2019
- Bootes & Ors v Ceart Risk Services Ltd[2012] EWHC 1178 (Ch) · 3 May 2012
- Business Dream Ltd, Re Insolvency Act 1986[2011] EWHC 2860 (Ch) · 2 November 2011
- Ramora UK Ltd, Re[2011] EWHC 3959 (Ch) · 26 August 2011
2 more judgments, and what each says about Schedule B1, paragraph 26, are in the
case-law panel in the full Act.