Share our passion for law and keep up to date

Corporate Recovery & Restructuring

Thomas And Another v Frogmore Real Estate Partners GP1 Ltd

21/08/2017

*Author:  Nigel Cook*

Read more

Taylor v Von Dutch Marine Holding Limited

21/08/2017

*Author:  Nigel Cook*

Read more

JCAM Commercial Real Estate Property XV Limited v Davis Haulage Limited

21/08/2017

*Author:  Nigel Cook*

Read more

An Administrator's Remuneration

21/08/2017

*Author: Chris Millar*

Read more

Bankruptcy

21/08/2017

*Author:  Chris Millar*

Read more

How do I calculate 5 business days under IR 2006, for the purpose of appointing an administrator?

21/08/2017

*Author: Chris Millar*

Read more

Timing for Filing the Notice of Conversion from Administration to CVL

21/08/2017

*Author: Chris Millar*

Read more

Debt Collection - New Pre-Action Protocol

15/06/2017

*Author: Albina Khad*

Read more

Brooks and Another V Armstrong and Another [2016]

03/02/2017

*Author: Nigel Cook*

Read more

Newton Coaches V Secretary of State for Business Energy and Industrial Strategy [2016]

03/02/2017

*Author: Nigel Cook*

Read more

Elgin Legal Limited [2016]

03/02/2017

*Author: Nigel Cook*

Read more

The New Insolvency Rules 2017

14/11/2016

*Author: Chris Millar*

Read more

Persons With Significant Control (PSC)

14/11/2016

*Author: Chris Millar*

Read more

Retrospective Validation Order

10/11/2016

*Author: Nigel, Cook*

Read more

Angel Group Limited and Others

10/11/2016

*Author: Nigel Cook*

Read more

Fieldfisher LLP v Pennyfeathers Limited

09/11/2016

*Author: Nigel Cook*

Read more

Longmeade Ltd

09/11/2016

*Author: Nigel Cook*

Read more

Pension Rights Protected in Bankruptcy

07/11/2016

*Author: Chris Millar*

Read more

Assignments of Claims or Judgment Debts

07/11/2016

*Author: Chris Millar*

Read more

Bankruptcy - Ulterior Motives

07/11/2016

*Author: Chris Millar*

Read more

Armstrong Brands Limited (In Administration)

14/03/2016

*Author: NIgel Cook*

Read more

Five Star Properties Limited

14/03/2016

*Author: Nigel Cook*

Read more

Castlebridge Plant Ltd (In Administration)

14/03/2016

*Author: Nigel Cook*

Read more

Validation Orders and Good Faith

13/10/2015

*Author: Nigel Cook*

Read more

English Schemes of Arrangement

13/10/2015

*Author: Chris Millar*

Read more

Ex Turpi Causa Lives

13/10/2015

*Author: Chris Millar*

Read more

New Rules Under SBEEA 2015

13/10/2015

*Author: Nigel Cook*

Read more

Green -v- Gigi Brooks Limited

13/10/2015

*Author: Nigel Cook*

Read more

Phoenix Companies

12/03/2015

*Author: Chris Millar*

Read more

Winding Up Petition Backdated

12/03/2015

*Author:  Chris Millar*

Read more

EC Regulation on Insolvency Proceedings

04/03/2015

*Author: Nigel Cook*

Read more

Insolvency (Protection of Essential Suppliers) Order 2015

04/03/2015

*Author: NIgel Cook*

Read more

Laverty v British Gas Trading Limited

04/03/2015

*Author: Nigel Cook*

Read more

Validation Order

12/07/2013

The High Court has dismissed an application for a validation order under Section 127(1) where the payment to be validated was in respect of solicitor’s fees that the insolvent company had incurred in attempting to compromise the petition debt, rather than in defending the winding-up petition.  In the absence of any genuine defence to the petition, the Court could not see that the solicitor’s fees were incurred in the interests of the creditors!

Read more

Tests for Insolvency - Eurosail

05/07/2013

In BNY Corporate Trustee Services Limited V Eurosail-UK [2013] UKSC 28, the Supreme Court has clarified the meaning of the insolvency tests under Sections 123 (1)(e) and 123 (2) of the Insolvency Act 1986.

Read more

New Security Registration Regime

05/07/2013

On 6th April 2013 a new registration regime for security interests created by companies and LLPs registered in the UK came into force.

Read more

De Facto and Shadow Directors

05/07/2013

In a case involving a director’s disqualification, the High Court has summarised and restated the principle governing the definition of “shadow” and “de facto” directors.

Read more

Validation Order Refused

05/07/2013

In RC Brewery Limited V HMRC [2013] EWHC1184(CH), the High Court has dismissed an application under Section 127 of the Insolvency Act 1986 for an Order validating the payment of solicitors fees incurred in acting for a company in seeking an injunction to restrain advertisement of a winding up petition. All dispositions by a company made after the commencement of the winding up – the filing of a winding up petition – are void unless a Validation Order is granted by the Court.

Read more

EU Insolvency Regulation

05/07/2013

The Insolvency Service announced that the UK has opted in to negotiations to amend Counsel Regulation (EC) 1346/2000 commonly known as the EU Insolvency Regulation. The Government considers that opting in will be of general benefit to creditors and businesses in both the UK and the EU. The commission’s proposal is intended to make adjustments to the Regulation after the experience of its practical application over the last ten years.

Read more

The Rescue Process and the Supply of Services

04/07/2013

The Enterprise and Regulatory Reform Act 2013 provides the Government with powers to amend the existing provisions of the Insolvency Act 1986, Sections 233 and 372. These powers will ensure that companies and individuals involved in a rescue process do not forfeit the supply of essential goods or services or are forced to accept them on onerous terms. This could widen the description of the person supplying protected supplies to include private firms and services and will include anything done by electronic means. It seems that this is intended to catch essential IT supplies.

Read more

Doctrine of Marshalling

11/04/2013

This is a little understood equitable principle but in appropriate circumstances it can be of great value to a lower-ranking secured creditor.

Read more

Lifting the Moratorium

11/04/2013

In the case of Gaardsoe v Optimal Wealth Management Limited [2012] EWHC 3266 the High Court considered if it had power to permit an action that was commenced in breach of the moratorium as the claimant did not have either Court sanction or the consent of the administrators when the action was commenced. By the time the claimant’s application was heard the Company had exited administration into CVL but nevertheless the Court was prepared to sanction the continuation of the Court proceedings. The Court held that although the proceedings had been issued in breach of the moratorium they were not a nuility. This was an important finding as limitation periods are not suspended during an administration. It therefore meant that new proceedings did not need to be commenced. The Court followed the precedent set in the case of Bank of Ireland (UK) plc v Colliers International UK plc [2012] EWHC 2942 in which the High Court held that the purpose of the moratorium was to protect the statutory administration scheme and the mechanism for the realisation and distribution of assets, not to protect the company from ever being the subject of enforcement action.

Read more

When do Landlords have priority rights in an administration?

31/05/2012

For the past few years there has been much in the news about the use of administrations as the favoured route for saving businesses and jobs. Administration has been designed to give a greater say to a business’s ordinary creditors, and, hopefully, to enable them to receive a dividend out of the failed business assets even where there is a bank or other secured creditor involved.

Read more

Bankruptcy Cases - Property

05/03/2012

Some interesting recent cases and reminders:-

Read more

Out of court administration

05/03/2012

The line of cases which began last year with Minmar (929) Limited Khalastchi ([2011] EWHC 1195 (CH)) when the High Court decided that an out-of-court appointment by directors was invalid because of the failure to give notice to the Company, i.e. its shareholders, has had three additions.

Read more

Update on Pre-Packs

05/03/2012

In an announcement which will be welcome by the insolvency profession DBIS has said that it does not intend to legislate to impose restrictions on the use of pre-pack sales in any insolvency procedure. The Government will commission a review of the existing regime (including SIP16) to encourage transparency in prepacks.

Read more

Latest News