Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

Appointing fixed charge receivers during administration: consent, court permission, practical guidance and case law (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note considers the interaction between the statutory Moratorium under Schedule B1 to the Insolvency Act 1986 (IA 1986), which prevents most creditor or third-party actions against an insolvent company in Administration, and the right of a secured creditor to enforce its security over the company’s secured asset by appointing a Fixed charge receiver

For an overview of the administration moratorium, see Practice Note: The moratorium in administration. This note focuses solely on how that moratorium interfaces with a secured creditor’s ability to appoint a fixed charge receiver over the secured asset. It does not cover other enforcement avenues open to the secured creditor.

Nor does it address consequences for a lender’s ability to appoint a receiver where a ‘stand-alone’ moratorium under IA 1986, Pt A1 is in force. In that scenario, save for limited exceptions, court permission must be obtained before taking enforcement action (IA 1986, s A21(1)(c)), and permission cannot be sought to enforce a pre-moratorium debt for which the company has a payment holiday during the moratorium (IA 1986, s A21(2)). See also IA 1986, s A23 ‘Enforcement of security granted during moratorium’. For further information, see Practice Note: Moratorium...

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Carolyn Jones

Carolyn was in practice as a solicitor from 1992 until 2017, in which time she achieved a substantial reputation as an insolvency expert, advising clearing banks and a wide range of other stakeholders on all aspects of insolvency, both corporate and personal. As a partner and business owner she led the successful insolvency team at Matthew Arnold & Baldwin LLP for a number of years. She is now focussing on her career as a mediator but continues her academic work and remains closely connected to the insolvency world. She is a long-standing member of its trade association, R3.Author of:Liquidators disclaiming contracts containing overageGuide to insolvency in the retail sector...

Web page updated on 21/05/2026

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