Mondaq UK: Insolvency/Bankruptcy/Re-structuring
TLT Solicitors
The European Commission has published forms to be used under the Recast European Insolvency Regulation (Recast EIR).
Reed Smith (Worldwide)
The Recast Insolvency Regulation (Regulation 2015/848) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017.
TLT Solicitors
Insolvency Practitioners will need to be familiar with the changes and the obligations imposed upon them by the Recast EIR.
Gowling WLG
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
Gowling WLG
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
Reed Smith (Worldwide)
You could be forgiven for thinking that the Bills of Sale Acts of 1878 and 1882 would have been repealed by now, or could never apply to you, over 130 years after they were drafted.
Holman Fenwick Willan LLP
In accordance with the Insolvency Rules 1986, unsecured creditors are entitled to statutory interest on the debts proved in the administration.
Withers LLP
Walker International Holdings Ltd v Republique Populaire du Congo and Others [2005] EWHC 2813 High Court, Queen's Bench Division (Commercial Court) (Morison J)
K&L Gates
It is true that there are statements of high judicial authority which can be cited to support the notion that a contractual claim can survive the payment in full of a proof based on that claim.
Spratt Endicott Solicitors
As of 1st October 2017, debt recovery and collections in both the commercial and consumer world is going to see a big change with the introduction of the debt recovery Pre-Action Protocol (‘PAP').
4 New Square Chambers
The liability of trustees in bankruptcy to bankrupts is a curiously under-developed area of law.
TLT Solicitors
The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).
TLT Solicitors
Bankruptcy and insolvency cases will be dealt with by the Business and Property Courts from 2 October 2017.
Gowling WLG
This month we consider the court's view on the extent to which firms' activities in handling complaints are themselves subject to adjudication by the Financial Ombudsman Service.
Gowling WLG
This month we review the court's view on open ended suspension of discharge from bankruptcy and the difficulty of 'substituting' a defendant in proceedings where the relevant limitation period has expired:
Dentons
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Gowling WLG
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
Debenhams Ottaway
The Ministry of Justice released the final version of the new pre-action protocol ("PAP") on the 21 March 2017.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
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Gowling WLG
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
Brodies LLP
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Gowling WLG
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Debenhams Ottaway
A company is considered insolvent if it cannot pay its debts as and when they fall due.
Jameson Smith & Co
What started as one bill you had underestimated or not properly accounted for can quickly turn into a fight for survival.
Jameson Smith & Co
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Gowling WLG
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
Taylor Wessing
Eight years ago, Nortel Networks Inc. and many affiliates filed multiple insolvency proceedings, across Europe, the US, and Canada.
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