‘Yisroel Greenberg explores the circumstances in which an insolvency administration order should be considered, summarises the legal framework, and offers some practical suggestions when considering applying for one’
Local Government Lawyer, 1st November 2024
Source: www.localgovernmentlawyer.co.uk
‘Thomas Horton and Georgia Purnell provide a practical guide to extending an administration. Drawing on insights from their own experiences the guide provides a useful resource for administrators and solicitors.’
3 Hare Court, 23rd March 2023
Source: www.3harecourt.com
‘The Small Business, Enterprise and Employment Act 2015 (SEEBA) and the Deregulation Act 2015 were added to the statute book on 26 March. Both contain provisions that make significant changes to the Insolvency Act 1986.’
Hardwicke Chambers, 10th June 2015
Source: www.hardwicke.co.uk
“The court had an inherent jurisdiction to give such directions as would enable the administrators of a regulated investment firm, holding client money under rules imposing a statutory trust, to put in place a client money distribution procedure for dealing with rejected claims and unknown claims which could provide a degree of certainty and protection and ensure a timely return of client money.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
“The hindsight principle was not applicable to the determination of claims to client money for the purposes of a distribution under Chapter 7A of the Client Assets Sourcebook (‘CASS 7A’) issued by the Financial Services Authority in accordance with its powers under Part X of the Financial Services and Markets Act 2000.”
WLR Daily, 29th January 2013
Source: www.iclr.co.uk
Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159; [2012] WLR (D) 255
“The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the Insolvency Act 1986 as inserted. The administrators’ term of office was in general automatically extended if a conversion notice under paragraph 83 was duly filed.”
WLR Daily, 24th August 2012
Source: www.iclr.co.uk
Cartwright and another v Registrar of Companies: [2012] EWHC 359 (Ch); [2012] WLR (D) 48
“Where a company’s administrators sent notice to the registrar of companies to place the company into voluntary liquidation, and the notice was sent and received by the registrar before the termination of the administration, but the administrative steps to bring about that registration occurred after the end of administration, paragraph 83(4) of Schedule 1B to the Insolvency Act 1986 should be interpreted as requiring registration with effect from the day of receipt. The phrases in paragraph 83(6) ‘on the registration of a notice’ and ‘on the day on which the notice is registered’ were treated as references to the effective date of registration, ie the date of receipt of the notice.”
WLR Daily, 24th February 2012
Source: www.iclr.co.uk
In re Kaupthing Singer and Friedlander Ltd [2011] UKSC 48; [2011] WLR (D) 297
“The equitable rule which prevented a person sharing in a fund while his debts to the fund were unpaid was trumped by the rule against double proof in a suretyship situation.”
WLR Daily, 19th October 2011
Source: www.iclr.co.uk
“Where, in the course of a contractual transaction, a document had been altered unilaterally, and the other party sought to rely on the rule in Pigot’s case in submitting that the underlying transaction was thereby rendered void, it was important to draw a distinction between documents which contained or evidenced the transaction and documents which were required to carry it into effect.”
WLR Daily, 25th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Brazzill and others v Willoughby and others [2010] EWCA Civ 561; [2010] WLR (D) 140
“A segregated trust account was held on trust for all account holders of a bank in respect of whose deposits should have been made into the account in accordance with a notice served by the Financial Services Authority (‘FSA’) and was not limited to those account holders in respect of whose accounts payments were in fact made into the account. ‘Deposits’ had its regulatory meaning which meant it was limited to regulated depositors only.”
WLR Daily, 28th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
In re Kaupthing Singer & Friedlander Ltd (in administration) [2010] EWCA Civ 518; [2010] WLR (D) 119
In re Frankice (Golders Green) Ltd and others; [2010] WLR (D) 118
“The words ‘legal process’ in para 43(6) of Sch B1 to the Insolvency Act 1986 meant something with a defined beginning and an ascertainable outcome, involving the compulsive power of the law, which, in the interim, was governed by a recognisable procedure which was legal or quasi-legal in nature.”
WLR Daily, 10th May 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A consultation on administration orders, a long-term debt management scheme administered by the courts, and enforcement restriction orders, which provide short-term assistance (via enforcement relief) to those who encounter an unforeseen change to their financial circumstances.”
Ministry of Justice, 18th September 2009
Source: www.justice.gov.uk
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