From April 2015, success fees and After the Event insurance premiums will no longer be recoverable as part of the costs ordered on the successful outcome of insolvency litigation.

However, this will only apply to funding arrangements entered into after April 2015. There is still time for savvy IPs to ensure that current cases can benefit from the current arrangements but in order to do so they will need to take steps now to collect and collate the evidence on which their claims will rely.

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In recent Court decisions, the balance between Administrators and Landlords has shifted backward and forwards with great regularity. Both sides have just learned that the goal posts have moved once more.

The judgment from a unanimous Court of Appeal last week has overruled the previous authorities on the issue of whether rent is payable as an expense in an Administration. In light of the decision in Jervis v Pillar Denton Ltd and Others, the decisions in Goldacre and Luminar are no longer of any effect.

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The liquidation of developers, contractors and sub-contractors are a regular occurrence in both large and small scale construction projects, with the insolvent company often left with claims against other firms involved in the development. The right to adjudicate and then make use of the summary judgment route to enforce the adjudicator’s decision has long been the most powerful tool at the disposal of the creditor company.

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After a number of years of consultation the long awaited Insolvency (England and Wales) Rules 2016 will finally come into effect today.

The new regulations aim to provide a modern and concise guide for Insolvency Practitioners and other relevant stakeholders and will consolidate various amendments made to the original rules introduced in 1986.

If these intended reforms work, they will streamline the operation of Administrations and Liquidations.

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