Insolvency Act 1986, Schedule B1, paragraph 5

SCHEDULE B1 ADMINISTRATION

5An administrator is an officer of the court (whether or not he is appointed by the court).

Definitions used in Schedule B1, paragraph 5 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 5 19

Lendinvest BTL Limited v Property Services LDN Limited

[2023] EWHC 1778 (Ch) · 18 July 2023

The court treated the administrators as officers of the court by virtue of this provision when assessing the independence of their decisions and the absence of evidence that they were induced by the petitioner. (see para [52])

Glasgow (The Bankruptcy Trustee of Harlequin Property Svg Ltd) v ELS Law Ltd & Ors

[2017] EWHC 3004 (Ch) · 28 November 2017

Confirms that administrators appointed out of court were expressly given officer-of-the-court status. The absence of a comparable provision in the Cross-Border Insolvency Regulations 2006 supported the conclusion that recognition did not confer that status on the foreign trustee. (see para [85])

Collins & Aikman Europe SA Collins & Ors, Re Insolvency Act 1986

[2006] EWHC 1343 (Ch) · 9 June 2006Defines

Confirms that an administrator is an officer of the court whether appointed by the court or otherwise; this supported consideration of the rule in Ex parte James and inherent jurisdiction (see para [24]).

2 more judgments, and what each says about Schedule B1, paragraph 5, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C1345Sch. B1 paras. 4-6 applied (with modifications) (E.W.) (15.3.2024) by The Water Industry (Special Administration) Regulations 2024 (S.I. 2024/205), regs. 2(2), 5(1), 9 (with reg. 64)