Company—Administration—Move from Administration to Liquidation

Court of Appeal, Civil Division, Lord Neuberger MR, Arden and Moses LJJ, 24 August 2012

The conversion of a company from administration into a creditors’ voluntary liquidation occurs once the Registrar of Companies has registered the conversion notice on the company’s file at Companies House and not before.

Adam Goodison (instructed by Dundas & Wilson LLP) for the claimants. James Eadie QC and David Lowe (instructed by the Treasury Solicitor) for the registrar.

The proceedings concerned a company which had been placed in administration by court order on 17 December 2009 (the company). The effect of the timing of the administration was that the claimant administrators’ term of office terminated on 17 December 2010, pursuant to the terms of para 76 of Sch B1 to the Insolvency Act 1986 (IA 1986). Towards the end of the period of administration, the claimants wished to convert