Jurisdiction(s):
United Kingdom

Green v SCL Group (Cambridge Analytica): converting administration to liquidation; guidance on administrators’ duties, creditor information, bias, contingent claims (England and Wales)

Published on: 26 April 2019

Published by a LexisNexis Restructuring & Insolvency expert

Legal News

Article summary

Green v SCL Group [2019] EWHC 954 (Ch), [2019] All ER (D) 114 (Apr)

What are the practical implications of this case?

Norris J’s decision in Green v SCL Group (widely known as Cambridge Analytica) offers insolvency practitioners clearer guidance on the evidence they must present to the court and on responding to creditors’ enquiries, and also illuminates the court’s stance on applications seeking to move an administration into liquidation.

What was the background?

The dispute concerned campaigner Professor David Carroll’s objection to the administrators of the UK Cambridge Analytica entities being appointed as liquidators, even though the vast majority of creditors supported them. The office-holders had entered office through an administration application. Professor Carroll maintained that:

the joint administrators breached their duty of candour by failing to identify his claim and report it to the court
they further breached that duty by not informing the judge who made the administration order that the administration would curb investigations and stay proceedings
the joint administrators were professionally incompetent...

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