Friday, 30 April 2010

Administration considered - MccArtney & Ors v Unite The Union & Anor [2010] EWHC 826 (Ch) (22 April 2010)

Mr Justice Norris (pictured) has handed down his judgment in MccArtney & Ors v Unite The Union & Anor [2010] EWHC 826 (Ch) (22 April 2010). The case concerns an administration and issues around employment claims. As the learned judge notes:
"The object of the administration is to rescue the business of the Company as a going concern. This requires participation in a series of co-ordinated asset sales involving a reorganisation of the various individual global business lines of the Nortel Group. This of itself involves the maintenance of the various businesses pending sale and the provision of transitional services following any sale. The administration of the Company is therefore a true trading administration. Many of the Company's employees were retained to maintain the current business, to participate in a reorganisation of the global business lines prior to sale, and to provide the requisite transitional services to purchasers of businesses. Although the jobs of many employees were thereby preserved, there had to be some redundancies."
The learned judge continues:
The learned judge concludes:
Picture Credit: http://www.marlowfm.co.uk/images/alastair.jpg

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