In the matter of Colliers International UK PLC (in administration) sub nom (1) Governor & Co of the Bank of Ireland (2) Bank of Ireland (UK) PLC v (1) Colliers International UK PLC (in administration) (2) Lee Anthony Manning (Joint Administraor) (3) Nicholas Guy Edwards (Joint Administrator)
[2012] EWHC 2942 (Ch); [2012] WLR (D) 288
The linked case resolved the conflicting authorities on the jurisdiction of the court to grant permission to issue proceedings retrospectively under the Insolvency Act, i.e. between Re Saunders [1997] Ch 60 and Re Taylor [2006] EWHC 3029 (Ch), [2007] Ch 150. In expressly resolving the uncertainty caused by these conflicting authorities [36], David Richards J preferred Re Saunders holding that proceedings instituted before permission was granted were not a nullity and that retrospective permission could therefore be given.
The decision of Chief Registrar Baister in Bank of Scotland PLC v Breytenbach [2012] BPIR 1 has therefore been confirmed by the High Court.
The decision goes further by suggesting that there is no convincing reason why administrators should not themselves give consent retrospectively, thus avoiding the necessity of applications to the court [33].
Edward Knight appeared for the successful applicant.
