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Searching Content indexed under Insolvency/Bankruptcy by Wedlake Bell ordered by Published Date Descending.
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Protecting A Bankrupt's Pension: Horton v Henry, Court Of Appeal 7/10/2016
Good news for debtors but disappointing for creditors: the Court of Appeal has decided, in its recent Horton v Henry decision, that a bankrupt individual's pension rights cannot be exercised...
UK
29 Dec 2016
2
When Should Directors Consider The Interests Of Creditors
In the recent decision of BTI 2014 LLC v Sequana SA & others, the High Court considered a number of legal aspects around the payment of dividends and the making by directors of a statement of solvency.
UK
28 Oct 2016
3
Contractor Insolvency In The Brexit Climate
In the economic and political uncertainty following the Brexit referendum, there has been huge speculation about the impact on the UK's construction industry.
UK
3 Oct 2016
4
Is Asking Gollum About His Precious Ring A Viable Recovery Strategy?
Liquidators and Trustees in Bankruptcy have wide ranging powers to apply to the Court for the delivery up of information that relates to the affairs of the bankrupt or the company in liquidation...
UK
27 Sep 2016
5
General Costs Rules Apply To Appeal Against Bankruptcy Order
The High Court has held that Rule 12.2 of the Insolvency Rules 1986, which provides that costs incurred in bankruptcy proceedings are to be regarded as expenses of the bankruptcy, is not intended to apply to appeals against...
UK
18 Aug 2016
6
The Bid That Fell Through
Since the former high street giant BHS entered into administration in April of this year, efforts have been made to rescue BHS from liquidation and save the many jobs that are at stake.
UK
22 Jul 2016
7
It's Now Even Harder For A Trustee To Get Relief From Ancillary Relief
The case of Sands v Singh has recently clarified but narrowed the circumstances in which a trustee in bankruptcy can challenge an order or financial settlement made in divorce and ancillary relief proceedings.
UK
20 Apr 2016
8
Licence To Terminate?
An analysis of the recent case of Lazari Investments v Saville where the court allowed a landlord to forfeit its lease despite apparent value to the administrators being lost.
UK
17 Feb 2016
9
This Miscellany Of Proposed Changes From April 2016 Is A Can Of Worms…
"Miscellaneous" amendment regulations are often tidying up exercises and of no great consequence.
UK
1 Feb 2016
10
It's A Happy Christmas To Crooks And Dodgy Directors
The Minister of State for Civil Justice has announced that the LASPO exemption of insolvency litigation will come to an end on 1 April 2016.
UK
20 Jan 2016
11
Pensions And Bankruptcy: A Difference Of Opinion
It is a well-established principle that a judge at first instance should, in general, follow another decision at first instance, unless convinced that the earlier decision was wrong.
UK
17 Feb 2015
12
(As)Sign Of The Times – Selling Officeholder Actions On E-Bay?
The Small Business, Enterprise and Employment Bill, which is currently at the Committee Stage in the House of Lords, looks set to introduce a number of measures affecting the Companies Act 2006, the Directors Disqualification Act 1986 and the Insolvency Act 1986.
UK
8 Jan 2015
13
Optional Amendment To ISDA Master Agreement
ISDA seeks to address the section 2(a)(iii) insolvency unfairness with respect to derivatives.
UK
24 Oct 2014
14
Insolvency Claims – The End Of Recovering Premiums And Success Fees
It looks like the government are not going to extend the exemption afforded to insolvency claims allowing the office holder to recover both ATE premiums and success fees under CFAs.
UK
29 Sep 2014
15
Jervis –v- Pillar Denton Re: Games Station – Rent As An Administration Expense
On 24 February 2014, the Court of Appeal handed down judgment in the case of "Jervis –v- Pillar Denton; re: Games Station".
UK
13 Mar 2014
16
Transactions At An Undervalue – Has The Company Even Entered Into A Transaction?
In the case of Hunt v Hosking [2013] EWCA Civ 1408 the Court of Appeal held that a payment of company money made by a trustee to a third party, without the company’s participation, could not be a transaction at an undervalue under section 238 of the Insolvency Act 1986, because it was not a transaction "entered into" by the company.
UK
24 Feb 2014
17
Payment Of Rent In Administration
While the number of company administrations has not changed significantly in recent years, the question of whether rent should be paid by the administrator of the company has become increasingly controversial.
UK
11 Feb 2014
18
Olympic Airlines Fails To Land In The PPF
The recent Court of Appeal decision in Olympic Airlines highlights the current gap in UK pensions legislation by which insolvency proceedings commenced in other EC member states are not recognised as qualifying insolvency events for the purposes of PPF entry.
UK
2 Jan 2014
19
Anyone For (Table) Tennis?
The long-running game of legal ping-pong involving the Lehman and Nortel insolvencies, and the questions it raised about the extent of the Pensions Regulator’s powers to make good deficits in insolvent companies’ pension schemes, has finally been settled by the Supreme Court.
UK
23 Sep 2013
20
The Zombies Are Coming!
The press has been full of commentary on the prevalence of "Zombie" companies.
UK
19 Sep 2013
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