News and Insights

News and Insights

Liability imposed on an insolvent LLP’s members for breach of fiduciary duty and wrongful trading

Liability imposed on an insolvent LLP’s members for breach of fiduciary duty and wrongful trading

McTear v Eade and anr (Re C.J. & R.A. Eade LLP (in liquidation)) [2019] EWHC 1673 (Ch), ICCJ Jones, 11...
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What constitutes property for the purposes of section 436 of the Insolvency Act 1986?

What constitutes property for the purposes of section 436 of the Insolvency Act 1986?

Where an individual is adjudged bankrupt, all his property (subject to certain exceptions) will vest in his Trustee in Bankruptcy...
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Using a charging order to recover a debt secured with a personal guarantee

Using a charging order to recover a debt secured with a personal guarantee

If you are owed a debt which has been secured with a personal guarantee (“PG”) and the individual who provided...
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Macmillan Coffee Morning September 2019

Macmillan Coffee Morning September 2019

On September 27th, 2019, our team at Summit Law LLP had the privilege of hosting a Macmillan coffee morning in...
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Commercial Debt Recovery: Pre-Action Protocols and Conduct

Commercial Debt Recovery: Pre-Action Protocols and Conduct

The court will expect the creditor to have sent out a Letter Before Claim to the debtor, which would set out the...
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Insolvency Act – Case Comment

Insolvency Act – Case Comment

Case comment: Wallace v Wallace [2019] EWHC 2503 (Ch) (25 September 2019) (Adam Johnson QC sitting as a Judge of...
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Does a Tomlin Order constitute a regulated credit agreement?

Does a Tomlin Order constitute a regulated credit agreement?

On 15th July 2019 in CFL Finance Ltd v Bass and others [2019] EWHC 1839 (Ch), the High Court (Chief...
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Can a second annulment application be an abuse of process even though a bankruptcy order should not have been made?

Can a second annulment application be an abuse of process even though a bankruptcy order should not have been made?

In July 2019 the High Court held that it was an abuse of process for an individual to make a...
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Can foreign litigants be bound by English jurisdiction clauses contained in contracts to which they are not a party

Can foreign litigants be bound by English jurisdiction clauses contained in contracts to which they are not a party

Airbus SAS v Generali Italia SPA and others [2019] EWCA Civ 805In its recent decision Airbus SAS v Generali Italia SPA...
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