‘Two former directors of the collapsed department store chain BHS have been ordered to pay at least £18m after the pair were found liable for wrongful trading and breaching their corporate duties.’
The Guardian, 11th June 2024
Source: www.theguardian.com
‘Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.’
OUT-LAW.com, 7th June 2024
Source: www.pinsentmasons.com
‘The administration of a company automatically comes to an end on the first anniversary of its commencement. However, the period can be extended beyond the first anniversary with the consent of the creditors or the court.’
OUT-LAW.com, 17th May 2024
Source: www.pinsentmasons.com
‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’
Local Government Lawyer, 16th May 2024
Source: www.localgovernmentlawyer.co.uk
‘David Pollard has published a three part article on Substantial Disposals by Administrators in the First Eight Weeks: When is the purchaser a “connected person” and when is an evaluator independent?
Published in the journal International Corporate Rescue, it discusses the statutory tests applicable when an administrator of a company seeks to make a substantial disposal during the first eight weeks of an administration under the Insolvency Act 1986.’
Wilberforce Chambers, 29th April 2024
Source: www.wilberforce.co.uk
‘When a company becomes insolvent, particularly if it is a large company, this will often mean that there will be a large-scale redundancy process. The requirements of the process can be technical, but there is a list of obligations that must be adhered and these are set out within the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992).’
Legal Studies, 19th April 2024
Source: www.cambridge.org
‘Dispute Resolution analysis: An application by the former administrators of a company for an increase in their remuneration has been dismissed, despite the Court concluding that they had standing to bring the application itself.’
Gatehouse Chambers, 19th April 2024
Source: gatehouselaw.co.uk
‘English insolvency law is “entirely capable of convenient and sensible application to disputes concerning digital assets”, an expert panel has declared.’
Legal Futures, 24th April 2024
Source: www.legalfutures.co.uk
‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’
Pensions Barrister, 18th April 2024
Source: www.pensionsbarrister.com
‘A formal move to dissolve the funeral firm at the centre of a police inquiry could not proceed in court.’
BBC News, 9th April 2024
Source: www.bbc.co.uk
‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’
UKSC Blog, 26th March 2024
Source: ukscblog.com
‘Consumer claims firm SSB Law, which went into administration earlier this month owing six litigation funders £200m, faces up to 1,400 professional negligence claims, it has emerged.’
Legal Futures, 31st January 2024
Source: www.legalfutures.co.uk
‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’
Local Government Lawyer, 12th January 2024
Source: www.localgovernmentlawyer.co.uk
‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch. In recent years there have been several important cases examining these issues.’
Gatehouse Chambers, 11th October 2023
Source: gatehouselaw.co.uk
‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’
Gatehouse Chambers, October 2023
Source: gatehouselaw.co.uk
‘News that the UK government is set to intervene in the financial problems at Birmingham City Council has again focused attention on the statutory provisions that apply where a local authority in England finds itself in severe financial straits.’
OUT-LAW.com, 22nd September 2023
Source: www.pinsentmasons.com
‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’
Legal Futures, 14th September 2023
Source: www.legalfutures.co.uk
‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
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