Dispute Resolution analysis: Deputy ICCJ Schaffer has dismissed an application brought by the Respondents to a claim brought by the Joint Liquidators of BHS Group Ltd for wrongful trading. The failure to plead the relevant quantum of the claim was not a deficiency which merited strike-out.
Re BHS Group Ltd [2021] EWHC 3501 (Ch)
What are the practical implications of this case?
These case summaries first appeared in LexisNexis’ Insolvency Case Alerter. They represent some of the more interesting insolvency decisions to have been published recently.
This summary covers:
We are (or were!) emerging from nearly two years of restrictions caused by the Covid-19 pandemic which forced people to stay at home and businesses to close causing shock waves throughout the economy. The government put in place the package of emergency measures and support which we are now all too familiar with. However, the question always lingered, what next? What about when the money runs out?
This appeal concerned (inter alia) whether an application for an order for sale made under s.335A of the Insolvency Act 1986 (‘IA 1986’) should be made by an application notice issued under the Insolvency Rules 2016 (‘IR 2016) or by a Part 8 Claim Form issued under the Civil Procedure Rules (‘CPR’).
Factual Background
Mark Goodman, Paul Kennedy, Guy Cowan and Katie Logan, Campbells
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Juan Carlos Machorro, Carlos Olvera and Ricardo Orea, Santamarina y Steta
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Elizabeth McColm, Brian Bolin and Grace Hotz, Paul Weiss Rifkind Wharton & Garrison
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Peter Ferrer, Harneys
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Ken Baird, Mark Liscio, Michael Broeders, Marvin Knapp, Samantha Braunstein and Katharina Crinson, Freshfields Bruckhaus Deringer
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary