Hosking and another (as joint liquidators of Hellas Telecommunications (Luxembourg) II SCA) v Slaughter and May [2016] EWCA Civ 474, [2016] All ER (D) 173 (May)
The Court of Appeal held that, in respect of administrations that had commenced on or before 5 April 2010, the administrators could agree to pay and pay the fees of the solicitors’ firm both before and after the end of the administration. If the liquidators did not agree with the fees that had been paid, they could bring misfeasance proceedings against the administrators. The Insolvency Act 1986 and the Insolvency Rules provided ways in which liquidators could challenge the decision of an administrator to pay legal fees, but they did not provide a means by which liquidators could require the assessment of costs paid in an earlier administration.
