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The High Court has decided that Administrators can be prosecuted personally for failing to notify the Insolvency Service about collective redundancies

According to a recent decision by the High Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court, an Administrator is an officer of a company in administration for the purpose of collective redundancy rules.

This means an Administrator can be prosecuted personally for failing to notify the Insolvency Service of collective redundancies being made by the company in administration.

Background law

United Kingdom, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP
Court Ordered Notice in Relation to Claims in Certain Property in Commercial Court Proceedings (In the matter of Gerald Martin Smith, CL-2017-000323)

Pursuant to paragraph 11 of the order of Mr Justice Foxton dated 20 May 2020 (the ‘Order’), the Viscount of the Royal Court of Jersey (the Fifth and Tenth Respondent) has, on the request of Harbour Fund II LP (the Seventh Respondent), instructed Addleshaw Goddard to post a copy of Schedule 4 to the Order on its website.

Schedule 4 of the Order reads as follows:

CLAIM NO: CL-2017-000323

United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP