Re Berkshire Homes (Northern) Ltd; Newbury Venture Capital Ltd (in liquidation) v Berkshire Homes (Northern) Ltd

Company – Administration. There was standing, as a creditor, to apply for an administration order even where a debt was disputed. The Companies Court so ruled on the applicant creditor's application (acting by its joint liquidators) for an administration order against the respondent company, on the basis of an outstanding debt allegedly owed to the applicant. In granting the administration order, the court ruled that, notwithstanding the respondent's reliance on a schedule produced by its accountants, it had not produced sufficient satisfactory evidence to show that there was no sum owing to the applicant, as alleged, The court, in making the order sought, held that, on the facts, the respondent was unable to pay its debts and that the conditions for making an administration order in para 11 of Sch B1 to the Insolvency Act 1986 had been satisfied.

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