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Under Section 284 of the Insolvency Act 1986 any dispositions post presentation of a bankruptcy petition are void, unless ratified by a court. (For more information on validation orders, see...
On 16 September 2020, the Government confirmed that it is extending the moratorium on commercial possessions until 31 December 2020. https://www.gov.uk/government/news/government-extends-support-to-stop-business-evictions-this-year? Landlords should make sure they protect their rights to...
The Lord Chancellor, the Right Honourable Robert Buckland MP, Secretary of State for Justice, has approved and signed a new Insolvency Practice Direction (“IPD”), which came into force on 3...
On 23 April 2020 the Government announced a temporary ban on landlords using statutory demands (made between 1 March 2020 and 30 June 2020) and winding up petitions (presented from...
New legislation that stops forfeiture Most standard commercial leases include a right of re-entry which entitles the landlord to forfeit the lease in the event of a default by the...
Insolvency Practitioners and others should be aware of a number of changes to the format and content of witness statements that are effective from today. Any witness statements signed from...
Right on cue, law firms up and down the country are issuing briefing notes to their clients and contacts about directors’ duties, and the risks that directors run if they...
The Court has recently published procedures that it will follow for upcoming hearings including winding up petitions. Further to our recent bulletins, although the Courts will still be trying to...
It has been confirmed that the Insolvency & Companies Court has adapted rapidly to the existing emergency situation and now intends to progress winding-up cases remotely, so far as possible,...
On 28 March 2020, Alok Sharma, the UK Business Secretary confirmed that the Government will be introducing new insolvency laws to reduce the burden on businesses and give them breathing...
On 23 March 2020, Insolvency and Companies Court Judge Mullen set out the Court’s emergency response to managing winding up hearings during the COVID-19 lockdown. Upon considering the current situation...
The impact of COVID-19 on businesses and individuals is already enormous. There has been a huge reduction in demand for non-essential goods, hospitality and transportation. Recent days have also seen...
Overview COVID-19 has already caused significant disruption and uncertainty in the legal sector, but how is it going to impact on the operation of the courts and tribunals? Lord Chancellor,...
The Court of Appeal has recently handed down its decision in Watson v Kea Investments Limited [2019] EWCA Civ 1759. The case concerned a claim for breach of trust against...
The creation of the limited liability company in the 19th century has been described by some as the most important invention of the industrial age. But in recent times the...
When a litigation funder finances a claimant to take proceedings, which are unsuccessful, and the claimant is not in a position to pay the defendant’s costs, it is possible for...
If you are a company director searching on Google how to declare an interim dividend, the answers you get would suggest that a board meeting is required. After all Part...
Having previously been to the Supreme Court, the case of Burnden Holdings v Fielding has now gone to trial and created even more new law. At the heart of the...
For a fee of £55, and provided a new address for correspondence is provided, directors and others can now apply to Companies House to remove details of their residential addresses...
Administration is a formal procedure in which an insolvency practitioner is appointed to manage the company’s affairs in the interest of creditors with the goal of restructuring the business or...
This is an area of law & practice that is shrouded in mystery. In the context of a company in financial distress, most people tend to think that if a...
Back in 2009, on the last day that the House of Lords delivered judgments, it was decided on a 3:2 majority that Moore Stephens were not liable for the negligent...
In a much anticipated and long-awaited decision, the Court of Appeal in BTI 2014 LLC v Sequana SA has cast its magnifying glass over breach of duty claims under section...
Last October, the Pre-Action Protocol for Debt Claims (the “Protocol”) was introduced by the Government. The Protocol applies to any business (including sole traders and public bodies) claiming payment of...
In a recent void disposition case concerning a Trustee in Bankruptcy’s entitlement to claim compensation from the recipient for loss arising out of a breach of trust, the Court of...
Parliament has decided that Carillion’s board of directors were culpable for its failure.MP’s are calling for the disqualification of the board from acting as directors in the future. Read the...
If you have acted as a director of a company that goes into insolvent liquidation (the “liquidated company”) at any time in the 12 months prior to the liquidation, then...
It has long been the case that most pension schemes within the jurisdiction of England & Wales do not form part of the bankrupt’s estate and are therefore not available...
Parliament has decided that Carillion’s board of directors were culpable for its failure.MP’s are calling for the disqualification of the board from acting as directors in the future – Judge,...
You may just about remember the Jackson reforms… and the extension to the recoverability of CFA success fees and ATE premiums which R3 did so well to secure. Sadly, as...
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