‘Rebecca Farrell, specialist commercial and insolvency barrister at 3PB, has written an article exploring three recent Insolvency Appeals and their potential impact.’
3 Paper Buildings, 28th February 2025
Source: www.3pb.co.uk
‘Numerous lenders and other stakeholders have found themselves in the position of having lent to or invested in a party owning a relevant building under the Building Safety Act 2022, only to find themselves tied to an asset with ever-reducing value as a result of relevant defects being discovered but not corrected.’
Tanfield Chambers, 30th January 2025
Source: tanfieldchambers.co.uk
‘A new ruling by the UK Supreme Court confirms that creditors can obtain remedies if transactions entered into at an undervalue have the purpose and effect of prejudicing claims the creditors have against the debtor – even if the debtor has not personally agreed those transactions.’
OUT-LAW.com, 20th February 2025
Source: www.pinsentmasons.com
‘A Supreme Court judgment centred on the construction of section 423 of the Insolvency Act 1986, which provides remedies to creditors where a debtor takes steps to defeat or prejudice their claims, “should be welcomed by all creditors”, solicitors say.’
Law Society's Gazette, 20th February 2025
Source: www.lawgazette.co.uk
‘In England and Wales, where a bankruptcy petition (the “Petition”) has been presented against a debtor/defendant, one potential option the debtor/defendant (“Debtor”) may seem to have available, in order to avoid a bankruptcy order, is to ask family, friend(s) or a colleague(s) etc. (a “Third Party”), to pay off the Petition debt for the Debtor. If the Debtor is fortunate enough to have a Third Party willing to do this:
(a) will this amount to the Petition debt being properly satisfied, such that the Petition must be dismissed?
(b) should the Third Party payment be made direct to the Petitioner (i.e. not to the Debtor for the Debtor to then forward it on to the Petitioner)?
(c) must the Third Party make a gift of the money, or can the payment be part of a loan arrangement with the Debtor?’
33 Bedford Row, 16th February 2025
Source: www.33bedfordrow.co.uk
‘In this case analysis, Nicholas Broomfield and Diarmuid Laffan discuss Norman Hay Plc v Marsh Ltd, examining its treatment of causation principles in brokers’ negligence claims and its clarification of the limited circumstances in which Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) applies.’
4 New Square, 11th February 2025
Source: www.4newsquare.com
‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’
OUT-LAW.com, 7th February 2025
Source: www.pinsentmasons.com
‘In TBD (which was covered in the article by Niran de Silva KC and Sam Neaman in the April 2024 edition of ELA Briefing), the Court of Appeal approved the use of imaging orders (an order that requires a defendant to permit a forensic computer expert to make a complete copy of their electronic devices) as a less intrusive alternative to a search order (an order that requires a defendant to allow the claimant’s representatives to enter their premises and search for, copy and remove documents). Since then, there has been some debate over the relevant threshold for granting an imaging order, with a degree of inconsistency appearing in the authorities. In the recently published judgment of Nix, HH Judge Pelling KC expressed support for the view that the grounds for granting an imaging order are slightly less stringent than for granting a search order. He also identified the factors that are likely to be most relevant to obtaining an imaging order where the complaint is of unacceptable conduct in relation to disclosure and/or the preservation of documents.’
Blackstone Chambers, 7th February 2025
Source: www.employeecompetition.com
‘In March 2015, BHS was sold for to Retail Acquisition Limited for the princely sum of just £1. Dominic Chappell (a thrice bankrupt former racing driver with no experience in retail) and his fellow directors took the helm of the struggling group. A little over a year later, in April 2016, BHS collapsed into administration and later insolvent liquidation by which point the net deficiency was a staggering £1.3 billion).’
Gatehouse Chambers, 18th December 2025
Source: gatehouselaw.co.uk
‘A roundup of football law news and decisions from November and December 2024.’
Football Law, 13th January 2025
Source: www.footballlaw.co.uk
‘Section 375(1) of the Insolvency Act 1980 provides: “Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of that jurisdiction.” Parliament’s decision to enact s.375(1), and the jurisdiction it creates, is inconsistent with the normal approach to the finality of litigation.’
33 Bedford Row, 14th January 2025
Source: www.33bedfordrow.co.uk
‘When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010, can that insurer bring a contribution claim against another person whom, the insurer claims, is also liable to the claimant for the same loss as was caused by the insurer’s insured? That was the question for the Court in Riedweg v HCC, the first reported decision on this important point.’
Hailsham Chambers, 13th November 2024
Source: www.hailshamchambers.com
‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’
BBC News, 16th December 2024
Source: www.bbc.co.uk
‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’
Gatehouse Chambers, 20th November 2024
Source: gatehouselaw.co.uk
‘A creditor has been prohibited from obtaining a mandatory injunction that would have required a debtor to draw down a lump sum from his occupational pension scheme for the purpose of paying a default judgment.’
OUT-LAW.com, 9th December 2024
Source: www.pinsentmasons.com
‘Proposals by the UK’s Financial Conduct Authority will directly affect the way in which e-money firms handle customer funds prior to and during an insolvency process.’
OUT-LAW.com, 4th December 2024
Source: www.pinsentmasons.com
‘A judge has condemned the London arm of a US law firm for sending a “disgraceful” letter to a competitor of one of its clients.’
Legal Futures, 25th November 2024
Source: www.legalfutures.co.uk
‘Insolvency and Contribution Claims make uneasy companions in the professional liability sphere. The latest proof is the judgment of Master Brightwell on Monday this week in Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805. Helen Evans KC explains the challenge that emerged in that case – and how variations of it have manifested themselves elsewhere.’
4 New Square, 13th November 2024
Source: www.4newsquare.com
‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’
33 Bedford Row, 1st October 2024
Source: www.33bedfordrow.co.uk
‘The High Court has clarified – in a case involving a social landlord – when a cause of action accrues under insurance policies providing contractor insolvency cover, and therefore when the limitation period begins. William O’Brien and Alicia Ogborn explains the ruling.’
Local Government Lawyer, 20th September 2024
Source: www.localgovernmentlawyer.co.uk
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