insolvency

Feb

2021

Commercial embarrassment can never trump the open justice principle

Written by Emma-Louise Hewitt

The potential for reputational and commercial damage is often the greatest concern of those on the receiving end of Employment Tribunal (ET) claims. However, as an important decision underlined, such anxieties almost never justify departures from...

Dec

2020

Business crushed by COVID-19? The Law can help so don't abandon hope

Written by Leanne Schneide...

Many otherwise thriving companies have been thrown into financial dire straits by the COVID-19 pandemic. However, company and insolvency lawyers are doing all they can to ensure an eventual return to prosperity and, as a High Court case showed,...

Nov

2020

Bankruptcy – Judges are rarely taken in by transactions at an undervalue

Written by Leanne Schneide...

The prospect of impending bankruptcy sadly often brings on a flurry of activity designed to put the debtor’s assets beyond the reach of creditors. However, as one High Court case showed, insolvency practitioners – and judges – were not born...

Nov

2020

Insolvency proceedings catch up with corporate 'Citizen of Nowhere'

Written by Leanne Schneide...

It is often critical in insolvency proceedings to locate a company's centre of main interests (COMI). As a High Court case strikingly showed, that can pose a major challenge in an online age where many businesses operate in the ether and shift from...

Jul

2020

The Corporate Insolvency and Governance Act 2020 – Long Term reforms to the insolvency regime

Written by Leanne Schneide...

On the 25 June 2020 the Corporate Insolvency and Governance Act (CIGA) came into force. Some long term measures were implemented in respect of the current COVID 19 situation but it also implemented some long term reforms creating new additions to...

Jul

2020

Court acts to protect investment firm clients

Written by Leanne Schneide...

When banks or other financial institutions get into financial difficulties, the primary concern of judges is to protect the interests of investors. The High Court did exactly that in the case of an investment firm which held many millions in clients...

Jul

2020

The Corporate Insolvency and Governance Act 2020 – Restrictions on winding up petitions - Covid19

Written by Leanne Schneide...

On 25 June 2020 the Corporate Insolvency and Governance Act 2020 (CIGA) came into force. This act enacts short term changes to the Insolvency Act in response to the COVID 19 issues and also long term reforms to the Insolvency processes. Many of...

Jul

2020

Court acts fast to save airport logistics group from COVID-19 Insolvency

Written by Leanne Schneide...

Many companies are struggling to survive amidst the COVID-19 pandemic but, so far as judges are concerned, it is a case of all hands to the pump to save what can be saved. In one case, the High Court paved the way for the proposed rescue of an...

Jul

2020

Supreme Court Settles the Debate on Insolvency Set-Off and Contract Adjudications

Written by Leanne Schneide...

Adjudication has since 1996 helped to preserve project cashflows by providing a cost-effective and swift means of resolving building contract disputes – but its interaction with the insolvency regime, in particular the principle of insolvency set-...

Jun

2020

Retailer escapes Winding Up Petition in unique COVID19 ruling

Written by Leanne Schneide...

The COVID-19 crisis has heralded such an avalanche of emergency legislation that it cannot be passed into law quickly enough. In a unique insolvency case on point, the High Court blocked a commercial landlord from presenting a winding up petition...

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insolvency

Commercial embarrassment can never trump the open justice principle

Business crushed by COVID-19? The Law can help so don't abandon hope

Bankruptcy – Judges are rarely taken in by transactions at an undervalue

Insolvency proceedings catch up with corporate 'Citizen of Nowhere'

The Corporate Insolvency and Governance Act 2020 – Long Term reforms to the insolvency regime

Court acts to protect investment firm clients

The Corporate Insolvency and Governance Act 2020 – Restrictions on winding up petitions - Covid19

Court acts fast to save airport logistics group from COVID-19 Insolvency

Supreme Court Settles the Debate on Insolvency Set-Off and Contract Adjudications

Retailer escapes Winding Up Petition in unique COVID19 ruling

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