Those of you who have trawled through the archive will know that we were concerned about the courts’ delay in filing the nominee’s report and the possible impact if you subsequently held the meeting within 14 days of the date the report was filed. Thanks to a recent article in LawGram, there may be an indication of the position the courts would take.
When reporting on a recent case in which the court extended an administration out of time, LawGram stated that the judge in that case referred to the principle in Re Keystone Knitting Mills Trademark [1929] Ch 92; namely ‘the rights of the parties should not be determined by the vagaries of the court’s case handling and listing procedures’.
This is by no means a definitive answer, but may indicate that the courts would be prepared to ratify the decision in those meetings where the nominee had sent his report in good time and the meeting has only been held within 14 days of the recorded filing date because of the courts’ delay in stamping the papers.
