Business support & insolvency

We're all in this together, whether we like it or not

Posted by on

The story of litigation funding has had many twists and turns and, whilst the majority of the new law in this area has supported third party funding as a risk management tool that gives access to justice, the funders have not had it all their own way. More …

What happens to insolvency proceedings if the UK leaves the UK without a deal?

Posted by on

With "Brexit Day", 29 March 2019, drawing immediately close without any sign of deal, we take a look at what a no-deal Brexit would mean for insolvency practitioners. More …

Insolvency Rules...OK?

Posted by on

We look at a Court of Appeal decision that is likely to have far-reaching implications on liquidators who were, naturally attracted to the idea of referring disputes to (quick and relatively inexpensive) adjudication as a means of determining monies owed to the insolvent company. More …

Civil Restraint Orders

Posted by on

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?

Posted by on

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

Posted by on

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

Posted by on

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

Posted by on

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

Posted by on

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

Posted by on

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 …