Business support & insolvency

Civil Restraint Orders

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What are Civil Restraint Orders and when can they be used? Our expert explains how CRO's can be useful when dealing with particularly litigious bankrupts and other litigants in person. More …

To what extent does the new Pre-Action Protocol apply to the enforcement of council tax liabilities?

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A new Pre-Action Protocol for Debt claims ("PAP") is coming into force. We expect to see councils taking steps in the forthcoming months to significantly overhaul their current debt recovery processes to ensure compliance with the PAP. More …

Limitation on when a Notice of Intention to Appoint Administrators can be filed

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On 11 April 2017, Judgment was handed down in the matter of JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2017] EWCA Civ 267. This case clarified a few issues relating to when it is (and is not) appropriate to file a Notice of Intention to Appoint Administrators (NOIA). More …

Horton v Henry- the Court of Appeal rule on income payment orders whether a Trustee can make an application for a debtor's pension to be included in any bankruptcy

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In the matter of ROBERT WILLIAM LESLIE HORTON (As Trustee in Bankruptcy of Michael Gerard Henry) v MICHAEL GERARD HENRY [2016] EWCA Civ 989 More …

Balancing the interest of vulnerable individuals when Trustees in Bankruptcy seek possession and sale orders

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An appeal by a Trustee in Bankruptcy against a court order that possession and sale should be postponed until the bankrupt's daughter, no longer resided at the property. It was argued that the judge had failed to give appropriate weight to the point that an indefinite suspension of possession and sale was incompatible with the underlying purpose of bankruptcy legislation More …

Warning signs for Company Directors

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It is important for company directors to understand why they need to care about the signs of financial distress. When a business is healthy, busy and profitable it is very easy to keep carrying on being healthy, busy and profitable... More …

Extra-territorial effect of sections 236 and 237(3) Insolvency Act 1986 examined by High Court

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Office holders of insolvent companies are under a duty to investigate the pre-insolvency affairs of the companies over which they are appointed. However, sometimes, records of the company's dealings may no longer be in the company's possession or control. More …

Being ready for the unexpected

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Elizabeth Davis outlines certain risks which could threaten the future of a charity and suggest how to plan for dealing with them. More …

Dismissals in an insolvent business - Is the buyer always liable?

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Can an administrator dismiss employees without the liability transferring to a purchaser under TUPE? Yes, says the Court of Appeal in Crystal Palace FC (2000) Ltd v Kavanagh and ors, More …

Administration and road hauliers: Keep on trucking?

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Road hauliers are subject to a strict regulatory regime and are required to have an appropriate operator licence ("O licence") for all of their vehicles (section 2 Goods Vehicles (Licensing of Operators) Act 1995). More …