International Corporate Rescue
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Vol 21 (2024) - Issue 1
Article preview
Re The Sustainable Bathroom Company Ltd [2023] EWHC 2065 (Ch)
Andrew West, Associate, and Adam Abbott, Associate, McDermott Will & Emery UK LLP, London, UKSynopsis
The High Court has rejected an application brought by The Sustainable Bathroom Company Ltd (the 'Company') to annul the appointment of administrators, in which the Company cites a number of procedural flaws and drafting defects as rendering the appointment void. Despite the judge accepting that such procedural flaws and drafting defects existed, the application was nonetheless rejected. This case serves to highlight the court's current approach to remedying defects and its apparent willingness to look beyond the form of drafting and procedural flaws where no substantial injustice is being caused and particularly in circumstances where an insolvency event is clearly unavoidable.
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