98(1)Where a person ceases to be the administrator of a company (whether because he vacates office by reason of resignation, death or otherwise, because he is removed from office or because his appointment ceases to have effect) he is discharged from liability in respect of any action of his as administrator.
Definitions used in Schedule B1, paragraph 98 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 98 24
Anthony Malcolm Cork & Anor v Mark Smith
Provides that an administrator ceasing to hold office is discharged from liability, with the court able to specify when that discharge takes effect. The judgment contrasts this express position with the statutory treatment of a liquidator. (see para [13])
Rajnesh Mittal & Anor v Edouard Berthier & Ors
The administrators were discharged from liability after the administrations were brought to an end. The discharge application was granted for both companies, notwithstanding the direction that one company be wound up. (see paras [1]-[3]; [14])
Anthony Alan Gladwin v RSM UK Restructuring Advisory LLP & Ors (Re Killean Estate Limited)
The former administrators had been discharged from liability in respect of their actions in that role, reinforcing the need for permission before any proposed proceedings could proceed. (see paras [21], [50])
- In the matter of Central Properties Holdings Limited (in administration)
- Glint Pay Ltd & Ors v Baker & Anor
- Rhino Enterprises Properties Ltd & Anor, Re
- Paragon Offshore Plc, Re (Costs)
- Edwards & Ors v Hammersley
- Lehman Brothers Europe Ltd v Re Insolvency Act
- Nortel Networks France SAS, Re
- Green v Group Ltd & Ors
- Angel Group Ltd & Ors, Re.
- Hellas Telecommunications (Luxembourg) II SCA, Re
- Robert Nicholas Jason Scholfield & Anor. v Matthew David Smith & Anor.
- Anthony Alan Gladwin v RSM UK Restructuring Advisory LLP & Ors
- Michael R Hammersley, Re
- Andrew Poxon & Anor v Wejo Limited (in administration)
- Jeremy Charles Frost & Anor v The Good Box Co Labs Limited & Ors
- In the Matter of Angelic Interiors Limited (in administration)
- In the matter of MSOLD1 Limited (in administration)
4 more judgments, and what each says about Schedule B1, paragraph 98, are in the case-law panel in the full Act.
Amendments and notes
4 notes from legislation.gov.uk
Modifications
- C1480Sch. B1 para. 98 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 (as amended (13.3.2018) by The Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) Regulations 2018 (S.I. 2018/208), regs. 1(3), 5(5))
- C1481Sch. B1 paras. 98-107 modified (5.7.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 5 Pts. 1, 2; S.I. 2018/805, reg. 3(b)
- C1482Sch. B1 para. 98 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)
- C1483Sch. B1 paras. 98-104 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), 34-37 (with reg. 64)