Exeter City Council V (1) Vivian Murray Bairstow (2) James Patrick Martin (3) Trident Fashions plc (Record no. 78977)

MARC details
000 -LEADER
fixed length control field 02154cab a22002295a 4500
001 - CONTROL NUMBER
control field L138745
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070709e20070302xxk f w 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u138745
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Exeter City Council V (1) Vivian Murray Bairstow (2) James Patrick Martin (3) Trident Fashions plc
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWHC 400 (Ch), 2 March 2007. Exeter City Council (E) applied for a declaration that rates for retail premises occupied by a respondent company (T), while in administration, were payable as expenses of the administration process. After the initial administration period expired, new administrators (B) were appointed. B?s administration expired six months later and T was compulsorily wound-up by petition of a creditor. E argued that the rates were an expense of the administration and took priority over payments to the administrators under the Insolvency Rules 1986, the relevant section being modelled on the Insolvency Act 1986 Sch.B1. The special advocate argued that the rescue culture of administrations was different to liquidations, and these considerations were detailed in consultation papers issued prior to the new administration regime. "Held": The question of whether rates and other necessary payments during administration was payable as an expense was not for the courts to make. By using the language of the Insolvency Act 1986 Sch.B1 within the Insolvency Rules 1986 that policy had been made clear. Non-domestic rates should rank as expenses in an administration. Although not raised here, it was found that unoccupied property rates would be subject to this ruling.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EXETER CC V BAIRSTOW AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY ACT 1986
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INSOLVENCY RULES 1986
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOSHOKU FINANCE UK PLC (IN LIQUIDATION) RE (2002) UKHL 6, 2002 1 WLR 671
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-RETAIL PROPERTY-TRADING FACILITIES AND SHOPS
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Ch/2007/400.html">https://www.bailii.org/ew/cases/EWHC/Ch/2007/400.html</a>
Public note View the article free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 09/07/2007   ONLINE PUBLICATION 138745-1001 06/08/2019 1 06/08/2019 Law report