Jurisdiction(s):
United Kingdom

Former administrators have standing, but rr 18.24/18.28 (Insolvency (England and Wales) Rules 2016) not engaged; application for balance over payment on account dismissed (Frost v Good Box)

Published on: 11 April 2024

Published by a LexisNexis Restructuring & Insolvency expert

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Article summary

Frost and another v The Good Box Co Labs Ltd and others [2024] EWHC 422 (Ch)

What are the practical implications of this case?

This judgment addresses two discrete issues relating to claims by office-holders for further remuneration under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 18. It confirms, first, that office-holders who have demitted office — including where an administration has ended with approval of a remuneration plan — continue to have standing to apply for additional remuneration, notwithstanding the literal reading of IR 2016, SI 2016/1024, r 18.28. Second, the judgment offers practical analysis of the range of orders that may properly be sought by means of such an application. The court concluded that an application to be paid remuneration over and above an agreed payment on account does not fall within IR 2016, SI 2016/1024, r 18.24 or IR 2016, SI 2016/1024, r 18.28, though it observed that in those circumstances alternative applications (and perhaps even a claim) could be pursued. The ruling therefore both affirms the continuing locus of former office-holders and maps the appropriate procedural avenues for seeking sums said to exceed a payment on account...

What was the background?

On 28 June 2022,...

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