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Indeed, a client may well spend a considerable amount more pursuing the debt than they are even likely to recover.
With fears that insolvencies are set to rise this year once Government support is withdrawn and businesses must ‘stand on their own two feet', it is important to understand what options...
PDT Solicitors
It's not often we reflect on cases we lost. However, a recent case on personal guarantees has reminded us of the risks that financiers face when a Court is asked to decide between the evidence ...
Moon Beever
Manolete Partners Plc v Hayward And Barrett Holdings Ltd & Ors [2021] EWHC 1481 (Ch) represents something of a procedural set back for insolvency litigation.
PDT Solicitors
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the "Regulations") come into force on the 4 May 2021...
Moon Beever
The trustees' case was that they were shams, and it is in his review of the authorities on this point that the interest in ICC Judge Mullen's judgment lies.
Quadrant Chambers
This is the first of a regular insolvency insights bulletin from the insolvency specialists at Quadrant Chambers.
Moon Beever
The temporary modifications to the new moratorium procedure, relaxing the qualifications for entry, are extended until 30 September 2021.
Morrison & Foerster LLP
In dismissing Darty Holdings SAS' ("Darty") appeal in a recent decision[1], Miles J. has confirmed that an English court will look at the actual relationship between the parties involved...
Stevens & Bolton
After a somewhat leisurely start, case law regarding the new restructuring plan in Part 26A of the Companies Act 2006 now seems to be picking up pace.
Moon Beever
In A v B (2021) Ch D (an ex tempore unreported judgment details of which can be found at [2021] 3 WLUK 312) Deputy ICC Judge Baister, at a preliminary hearing of a winding up petition...
Wilberforce Chambers
Always beware new Regulations with Explanatory Notes that conclude "An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary...
Moon Beever
On allowing an appeal against a bankruptcy order, the High Court emphasised that if there is evidence of incapacity on the part of a litigant the procedure under CPR 21 is engaged so that a ligaon friend must be appointed.
Moon Beever
Applications dealing with defects in the appointment of administrators continue without the final answer the insolvency professions have been waiting for...
Moon Beever
Lin v Gudmundsson [2021] EWHC 820 (Ch) was an application by the debtor's ex-wife to annul a bankruptcy order made against her former husband on 26 February 2020...
Moon Beever
The regulations came into force on 26th March 2021 extending various temporary reliefs for distressed businesses until 30 June 2021.
Moon Beever
Jackson v Ayles [2021] EWHC 995 (Ch) was an application by a trustee in bankruptcy for possession and sale of the bankrupt's matrimonial home.
Wilberforce Chambers
The High Court has had to grapple with the application of witness immunity and the unique examination process under section 236 Insolvency Act 1986.
Reynolds Porter Chamberlain
Corporate insolvencies in the UK over the past year have fallen; UK capital markets remain benign, with a surplus of available capital; the new Restructuring Plan regime; ...
The sting in the tail in the Finance Act. Are the walls closing in on key stakeholders?...
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