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insolvency
23
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...
16
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,...
19
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...
03
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...
24
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...
22
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...
13
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...
08
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...
06
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-...
05
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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Latest News
Commercial embarrassment can never trump the open justice principle
Sensible businesspeople never contract without legal advice
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Interim maintenance in divorce proceedings – Court of Appeal gives guidance
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