This summer’s landmark Supreme Court decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) [2020] UKSC 25 (“Bresco”) would have doubtless been interesting news for Insolvency Practitioners (“IPs”) engaged in the construction sector.

Background: Financial Backdrop

The Stats

RE: BPE SOLICITORS & ANOTHER V GABRIEL [2015] UKSC 39 

The Supreme Court considered whether a trustee in bankruptcy who was considering adopting proceedings and lodging an appeal should be personally liable for historic adverse costs which had been awarded against the bankrupt prior to the commencement of the bankruptcy.

A Trustee in Bankruptcy’s liability for litigation costs

ASTRA RESOURCES PLC V CREDIT VERITAS USA LLC [2015] EWHC 1830 (CH)

It is trite law that the court will grant an injunction restraining the advertisement of a winding-up petition where the petition amounts to an abuse of process.