I’m not in the CoS afternoon I’m afraid. It seems that Collyer Bristow are challenging D&P’s application to end the admin and appoint BDO.
CB’s lawyer hasn’t spoken yet, but it seems that they want nothing further to happen on the admin until the ‘MCR’ issue has been clarified.
Ticketus emailed D&P that, “for entirely commercial reasons”, they don’t currently intend to challenge D&P’s decision to reject their claim>
<but Ticketus reserve all rights (e.g. to press their claim against the liquidators). Ticketus voted against D&P fees, but vote was ignored.
D&P’s lawyer argued that, if no creditor challenges (and none has so far), the Court has no power to interfere with accounts or their fees.
HMRC proposed amendments to the resolutions at the last creditors’ meeting, which “slightly reduced” D&P’s fees, and they’ve been accepted
HMRC claim was accepted in full (£94m) for voting purposes because the tax assessments are effectively unless & until FTT decides otherwise.
The FTT proceedings ended in January. D&P’s lawyer told Lord Hodge that they do not know when the FTT decision will be issued.
D&P provided a report on the ‘conflict’ allegations to the Court and the IPA. There’s no update on the IPA investigation. LH asked whether>
<the IPA had been alerted to the subsequent allegations made by the BBC (i.e. the CW tape). LH has asked the BBC for DVDs of the May & Oct>
<broadcasts and for a transcript of the conversation. The BBC has “not volunteered” a transcript & LH may need to take steps to compel this.
LH is “very concerned” by the allegations, which call into question the probity of the proceedings. D&P are officers of the Court, and so>
<the Court has an interest in ensuring that the allegations are properly aired. LH said that the comments may have been taken out of context
LH will hold a hearing at which the BBC can make representations before making any Court Order for the production of the transcript/evidence
LH was cross that D&P had not given him any documents until this morning, and contained errors. D&P’s lawyer (Wolff QC) seemed ill-prepared.
I expect that the hearing will last all day (LH is busy the rest of the week). Suspect that D&P’s petition will not be granted today but >
< difficult to predict given that CB’s lawyer had not spoken yet. LH was being very thorough in that all matters are dealt with properly.