Cases - A Straume (UK) Ltd v Bradlor Developments Ltd

Record details

Name
A Straume (UK) Ltd v Bradlor Developments Ltd
Date
[2000]
Citation
BCC 333 ChD
Legislation
Keywords
Adjudication
Summary

This case highlighted that leave of the court is required to bring an adjudication against a company in administration.

Bradlor Developments Ltd. ('Bradlor'), as contractor, entered into a contract with A Straume (UK) Ltd. ('Straume') for the redevelopment of certain mill buildings. After the date for completion of the works, an administration order was made in respect of Bradlor. Straume issued an application for determination of the question of whether leave of the court was required to bring an application for an adjudication against Bradlor.

It was held by HHJ Behrens under the Insolvency Act 1986 that no legal proceedings may be instituted or continued against a company in administration without the consent of the administrator or the permission of the court. Adjudication is a form of quasi legal proceeding and permission of the court is required.