On 24th August 2016 the claimant issued protective proceedings against four defendants for damages in excess of £10 million in relation to alleged defects in the design and construction of a high bay warehouse and associated infrastructure ("the Works"). The third defendant ("Twintec") was responsible for the design and construction of a steel fibre reinforced concrete slab, which formed part of the Works, and was insured by Royal and Sun Alliance Insurance PLC ("RSA").

This case raised what is an often-discussed issue amongst insolvency practitioners and lawyers but one which, until now, has not been addressed fully by the courts, namely "does a company (or its director(s)) have to have a "settled intention" to appoint an administrator in order to file a Notice of Intention ("NOI") pursuant to paragraph 27 of Schedule B1 to the Insolvency Act 1986 ("Schedule B1")?".

1. Introduction

The Insolvency Rules 1986 have been revoked and the Insolvency (England and Wales) Rules 2016 (IR 2016) come into force today. There are 22 Parts and 11 Schedules. Each Part is intended to cover a specific process or area, for example:

Introduction

Amit has recently acted for an IP whose office is one of the largest appointment takers in the country. He appeared for the respondent at several hearings on an application to review a BTO.

Background

The out-going officeholder had his licence revoked by the IPA for misappropriation of monies, running to six figures, from numerous estates. This resulted in a BTO, which was granted by the Court on paper.