63 The administrator of a company may apply to the court for directions in connection with his functions.
Definitions used in Schedule B1, paragraph 63 3
- 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- the company
2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.
Defined in Sch.4ZZA para.2 · see it in the full Act- company
(1A) In this Schedule, “company” means—
(a)a company registered under the Companies Act 2006 in England and Wales or Scotland,
(b)a company incorporated in an EEA State ..., or
(c)a company not incorporated in an EEA State but having its centre of main interests in a member State (other than Denmark) or in the United Kingdom .
Defined in Sch.B1 para.111(1A) · see it in the full Act
Cases considering Schedule B1, paragraph 63 68
Hellas Telecommunications (Luxembourg) II SCA, Joint Liquidators of v Slaughter and May (a firm)
Applied to confirm that administrators could apply to the companies court for directions on whether to pay solicitors’ bills. (see paras [37(c)]; [41(b)])
EC3 Brokers Limited (In Administration), Re
The court interprets paragraph 63 as the statutory gateway for directions to administrators. Its scope is bounded by the administrator’s statutory functions and the purpose of the administration, while the court’s inherent jurisdiction may supplement the gateway.
Rational Foreign Exchange Limited (in Special Administration), Re
Provides jurisdiction for directions on legal questions affecting the administration and the adjudication of claims. The court granted directions concerning customer and creditor status. (see paras [18], [74]-[78])
- Matthew Robert Haw & Anor v QM Systems Limited (in administration)
- Trevor Binyon & Anor v Suzerain Investment Holdings Limited & Ors (Re VE Global UK Ltd)
- Arron Kendall & Anor v Timothy Dorian Ball & Anor
- In the matter of Sova Capital Limited
- In the matter of Rodus Developments Limited (in administration)
- In the Matter of Angelic Interiors Limited (in administration)
- In the matter of Petropavlovsk plc (in administration)
- In the matter of Petropavlovsk plc (in administration)
- Wessely & Anor (Zoom UK Distribution Ltd) v Rubra & Ors
- Blue Co International LLP, Re
- Wormleighton & Anor v Salamander Invest A/S & Anor
- Lehman Brothers International (Europe), Re
- Supercapital Ltd, Re Insolvency Act 1986
- Debenhams Retail Ltd, Re
- Shinners & Anor (Joint Administrators of London Bridge Entertainment Partners LLP) v London Trocadero (2015) LLP
- Eason & Anor v Skeggs Beef Ltd
- Pritchard Stockbrokers Ltd, Re
48 more judgments, and what each says about Schedule B1, paragraph 63, are in the case-law panel in the full Act.
Amendments and notes
3 notes from legislation.gov.uk
Modifications
- C1410Sch. B1 paras. 59-75 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), 19-25 (with reg. 64)
- C1419Sch. B1 para. 63 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 3
- C1420Sch. B1 para. 63 applied (with modifications) (8.7.2021) by The Payment and Electronic Money Institution Insolvency Regulations 2021 (S.I. 2021/716), regs. 2, 37 (with reg. 5) (as amended (4.1.2024) by S.I. 2023/1399, regs. 1(2), 4, 11)