Parties should not take for granted that upcoming hearings and or trials will be automatically adjourned given the current COVID 19 pandemic. The decision of Mr John Kimbell QC sitting as a Deputy High Court Judge in the case of Re Blackfriars Limited [2020] EWHC 845 (Ch) highlights the Court’s attempt to keep cases progressing in spite […]
Business as Usual (for now) Read More »
A recap of the principles applicable to allegations by the Secretary of State of trading to the detriment of HMRC – The Secretary of State for Business Energy and Industrial Strategy v Raymond St John Murphy [2019] EWHC 459 (Ch) In The Secretary of State for Business Energy and Industrial Strategy v Raymond St John Murphy [2019] EWHC 459
Trading to the Detriment of HMRC – Director Disqualification Read More »
We live in unprecedented times. The Government and the Courts have been rapidly introducing measures in an attempt to ease the economic impact on UK business and individuals of the COVID-19 pandemic and the resulting “lock-down”. Proposed Changes to Insolvency Legislation On 28 March 2020, the Government proposed new measures to improve the UK insolvency
Remedies for procedural defects In Re Statebourne Cryogenic Limited [2020] EWHC 231 (Ch) the High Court considered whether the identification of the specific regional Business and Property Court to which an NOA was to be allocated was a requirement of either the Insolvency Act 1986 or the Insolvency (England and Wales) Rules 2016 and whether,
We are all seeing that the COVID-19 situation continues to evolve daily, so at Summit Law we are doing everything we can to ensure that we keep our team safe, whilst maintaining the delivery of our high quality and professional services that our clients rightly deserve. As you would expect from a Law Society Lexcel
In order to assess whether a Bankruptcy can be annulled, section 282 of the Insolvency Act 1986 and Rule 10.132-10.141 of the Insolvency (England and Wales) Rules 2016 should be considered in the first instance. Section 282 of the Insolvency Act 1986 Section 282 sets out the court’s power to annul a bankruptcy order. The relevant
Can a Bankruptcy Order be annulled? Read More »
Compensation Orders in Director Disqualification Proceedings – the First Judgment Handed Down in 4 Years since its Implementation under the Regime In line with the aim of the disqualification regime, to make directors accountable for the consequences arising as a result of their unfit conduct, the Secretary of State may apply to court for a
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Yes, held the Commercial Court. In Alafco Irish Aircraft Leasing Sixteen Ltd v Hong Kong Airlines Ltd [2019] EWHC 3668 (Comm) the parties had entered into a lease which contained a clause that the Defendant (who was the lessee) was to pay all of the Claimant’s (the lessor’s) “reasonable costs and expenses” of litigation, including its legal
Does agreeing to “reasonable costs” mean assessment on the indemnity basis? Read More »
Case comment: Wood v Watkin [2019] EWHC 1311 (Ch) (Judge Barber of the High Court) The above case serves as a warning on officeholder claims and provides further clarity on the expectation of the court in relation to office holders discharging their evidential burden The Facts Karl Watkin (the “Debtor”) was a successful entrepreneur, however,
Office holders discharging their evidential burden Read More »
McTear v Eade and anr (Re C.J. & R.A. Eade LLP (in liquidation)) [2019] EWHC 1673 (Ch), ICCJ Jones, 11 June 2019 This case, before I.C.C. Judge Jones, was the first reported case under section 214A of the Insolvency Act 1986. This provision, which relates to wrongful trading, allows the liquidator of an insolvent Limited
