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United Kingdom
United Kingdom
Administrators’ remuneration: scrutinising fee estimates and evidence for pre‑administration costs and fixing basis under Insolvency Rules 2016 (Poxon v Wejo Ltd [2025] EWHC 135 (Ch), England and Wales)
Published on: 24 February 2025
Published by a LexisNexis Restructuring & Insolvency expertLegal News
Article summary
Poxon and another v Wejo Ltd (in administration) [2025] EWHC 135 (Ch) What are the practical implications of this case?
As noted by His Honour Judge Cawson KC at paragraph 7 of his judgment, the case raises what appears to be an open point: when the court is invited to set the basis of an office-holder’s remuneration by reference to the time properly spent by the office-holder and their staff on matters arising in the administration under IR 2016, SI 2016/1024, r 18.16(2)(b), should it also examine the quantum of the administrator’s fee estimate provided to creditors pursuant to IR 2016, SI 2016/1024, r 18.16(4)(a)? The judgment therefore addresses whether scrutiny of that estimate forms part of the exercise. In this case, the court concluded that the evidence placed before it by the joint administrators was inadequate. It was not sufficient either to permit a finding that the administrators’ pre-administration costs were allowable as an administration expense, or to enable the court to determine the basis on which their post-administration remuneration should be set. Accordingly, no ruling could be given on either issue...
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