A Practical Guide to Contested Administration Applications for Insolvency Professionals

This is the first edition of ‘A Practical Guide To Contested Administration Applications For Insolvency Professionals’. It is the first book which focuses exclusively on the legal and practical aspects of contested administration applications. Aimed at legal practitioners and insolvency practitioners, it provides an in-depth legal and practical analysis of each stage of a contested administration application from standing through to costs and procedure. Dedicated and in-depth chapters are provided as follows:

1. Introduction to Administration;
2. Establishing standing to apply for an administration order;
3. Demonstrating that the company is or is likely to become unable to pay its debts;
4. Demonstrating that the administration order is reasonably likely to achieve the purpose of administration;
5. The court’s discretion and alternative insolvency processes;
6. Disputes as to the appropriate appointee(s);
7. Procedure;
8. Retrospective Administration Orders;
9. Costs.

ABOUT THE AUTHORS

Simon Passfield KC is a leading insolvency barrister who heads the insolvency team at Guildhall Chambers. He was called to the Bar in 2009 and was appointed as a King’s Counsel in 2024. Simon has appeared in over 50 reported insolvency cases, including a number of leading cases concerning contested administration applications (Re Officeserve Technologies Ltd [2017] EWHC 906 (Ch); Re Baltic House Developments Ltd [2018] EWHC 1525 (Ch)), applications to restrain the appointment of administrators (Hitcham Homes Ltd v Goldentree Financial Services plc [2023] EWHC 1727 (Ch)) and the validity of out-of-court administration appointments (Re Bradford Bulls (Northern) Ltd [2016] EWHC 3557 (Ch); Re Skeggs Beef Ltd [2019] EWHC 2607 (Ch)). Prior to taking silk, he was a member of the Attorney General’s Regional A Panel of Junior Counsel to the Crown. He has sat as a Deputy Insolvency and Companies Court Judge since 2020.

Govinder Chambay is a specialist insolvency practitioner who practises from Guildhall Chambers. He was called to the Bar in 2018 and regularly appears in both the County Court and the High Court. He is developing a substantial insolvency practice which includes: (i) applications to extend an administration; (ii) applications to bring an administration to an end; (iii) advising on misfeasance/directors duties claims; (iv) petition/statutory demand work; (v) possession and sale applications and a wide range of other Insolvency Act applications.

CONTENTS

Chapter One – Introduction to Administration
Chapter Two – Why Make an Administration Application?
Chapter Three – Standing to Apply for an Administration Order
Chapter Four – Jurisdictional Requirements
Chapter Five – The Court’s Discretion and Alternative Insolvency Processes
Chapter Six – Disputes as to the Appropriate Appointees
Chapter Seven – Procedure
Chapter Eight – Retrospective Administration Orders
Chapter Nine – Costs