Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    The right to remember -v- the right to be forgotten
    2016-08-05

    Much has been made in the press regarding the news that Companies House is considering amending its current policy of retaining the records of dissolved businesses for 20 years post dissolution. This motion has reportedly been born out of a decision by the European Court of Justice in spring 2014 to ‘create a right to be forgotten.’

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Berg, Right to be forgotten, Companies House
    Authors:
    Tim Gower
    Location:
    European Union, United Kingdom
    Firm:
    Berg
    Brexit and the legal impact on Insolvency Law
    2016-06-27

    The only certainty following the referendum is that exiting the EU will substantially alter the legal landscape from a recovery and insolvency viewpoint.

    Over the past few years the various EU members have been working hard to eradicate or minimise inconsistencies between the individual regulations which have led to not only confusion but also “forum shopping” by those facing insolvency. The idea is to provide a level playing field so that businesses in particular knew where they stood should a company in another country get into trouble.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Berg
    Authors:
    Edward Saidu
    Location:
    European Union, United Kingdom
    Firm:
    Berg
    Brexit and the wider impact on Recovery and Insolvency
    2016-06-28

    Following the referendum outcome Andrew Tate, president of R3 (the Association of Business Recovery Professionals), has stated that “there is clearly going to be a period of huge economic uncertainty” and has requested that all members (Insolvency Practitioners, lawyers and advisors) “step up to help businesses and individuals”.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Berg
    Authors:
    Edward Saidu
    Location:
    European Union, United Kingdom
    Firm:
    Berg
    Digitalisation of Directors’ Disqualification
    2016-08-11

    The Insolvency Service tweeted on 27 July 2016 with some satisfaction that last year it disqualified 1,208 directors for unfit conduct.

    Our economy is reliant upon business people and entrepreneurs taking risks and trying new enterprises and the insolvency and rescue culture is there to support that but there must also be an appreciation that there is a difference between bad luck, bad management and bad behaviour.

    Does the Insolvency Service differentiate on this?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Berg
    Authors:
    Edward Saidu
    Location:
    United Kingdom
    Firm:
    Berg
    Statutory Demands - what you need to know
    2016-08-12

    This is the first in a series of blogs that we are posting to assist SME’s in informing and making informed decisions as to your debtors and options in case your business experiences serious financial difficulties.

    Are your clients paying within terms? Are slow or non-paying clients hurting your cash-flow? Don’t want the time and expense of costly litigation?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Berg, Debtor, Debt
    Authors:
    Chris McDuff
    Location:
    United Kingdom
    Firm:
    Berg
    Administration - what, why, how, who and when?
    2016-08-15

    Ever wondered what ‘administration’, in the company/business sense actually means? Partner and Insolvency specialist Chris McDuff explains here in the second of our blog series on options for an SME when it finds itself experiencing financial difficulties.

    Administration

    The Insolvency Act 1986 (the Act) and theInsolvency Rules 1986 (the Rules) govern the administration process for England and Wales.

    What is Administration?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Berg, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Chris McDuff
    Location:
    United Kingdom
    Firm:
    Berg
    Is a Knighthood worth £571m?
    2016-07-27

    Monday’s Treasury Select Committee report into the collapse of BHS provided scathing criticism of the actions of former owner Sir Philip Green, but would annulling his Knighthood really provide adequate redress for the company’s pension shortfall?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Public, Berg, Treasury Select Committee
    Authors:
    Damian Carter
    Location:
    United Kingdom
    Firm:
    Berg
    Coming soon - Third Parties (Rights Against Insurers) Act 2010
    2016-07-28

    The 1st August 2016 sees the coming into force of the Third Parties (Rights Against Insurers) Act 2010. The 2010 Act will replace the Third Parties (Rights Against Insurers) Act 1930, and will hopefully make it easier for claimants who have claims against insolvent defendants to bring in the defendant’s insurer.

    The 1930 Act

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Berg
    Authors:
    Daniel Brumpton
    Location:
    United Kingdom
    Firm:
    Berg
    Defending Wrongful Trading
    2016-06-27

    The recent case of Re Ralls Builders Limited has confirmed that in circumstances where the company is heading for liquidation directors cannot escape a wrongful trading claim by ignoring individual creditors. It emphasises the importance of taking the correct legal advice at an early stage.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Berg, Liquidation
    Authors:
    Edward Saidu
    Location:
    United Kingdom
    Firm:
    Berg
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days