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    Employee status
    2009-05-14

    When can shareholders also have employee status?

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Share (finance), Shareholder, Employment contract, National Insurance, Liquidation, Unfair dismissal, Employment Rights Act 1996 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    To apply or not to apply: the question for landlords of tenants in administration
    2009-03-30

    Many commercial landlords will currently be dealing with issues arising out of their tenants' financial difficulties, in particular the impact of insolvency proceedings. For tenants who are in administration, a moritorium applies, which will prevent a landlord taking action against the tenant without leave from the Court. Generally, the Courts will have a degree of sympathy for landlords, and will afford significant weight to the landlords’ proprietary rights when deciding whether to allow landlords to commence proceedings against a tenant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Breach of contract, Landlord, Leasehold estate, Consideration, Consent, Moratorium, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Enforcement
    2009-02-28

    In Masri v Consolidated Contractors (Oil and Gas) Company SAL – Butterworths Law Direct 6.2.09 a receivership order had been made, paragraph 15 of which stated that 'Nothing in this order shall, in respect of assets located outside England and Wales, require the defendants and/or their directors to disobey the order of any court of competent jurisdiction in relation to such assets'.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Statute of limitations, Common Gateway Interface, Court of Appeal of England & Wales, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Court of Appeal considers time limits for submitting claims in a CVA
    2009-03-13

    In (1) James Robert Tucker (2) Jeremy Spratt (Joint Supervisors of Energy Holdings (No 3)(in liquidation) v Gold Fields Mining LLC [2009] EWCA Civ 173 the Joint Supervisors (JS) of a Company Voluntary Arrangement (CVA) appealed against a decision that they had wrongly excluded a claim form on the grounds that it had been out of time.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Locke Lord LLP, Limited liability company, Liquidation, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    Who else is in need of rescue?
    2008-12-19

    The insolvency legislation has laid the foundations for a rescue approach towards companies, which are facing insolvency. One such regime is administration. The administrator is sometimes referred to as the "company doctor". The administrator is given extensive powers to administer the affairs of the company in order to save the company from being wound up or at least, to maximise the financial position for the company's creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Landlord, Leasehold estate, Debt, Legal burden of proof, Liquidation, Moratorium, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    When can you change your domicile?
    2008-09-15

    We look at the recent case of Barlow Clowes International Ltd & Ors v Henwood [2008] EWCA Civ 577 which considers when a domicile of origin can be revived.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bird & Bird LLP, Debt, Legal burden of proof, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    Protective awards and insolvency
    2008-07-03

    The Court of Appeal in Haine v Secretary of State for Business Enterprise & Regulatory Reform has held that where redundancies are made in breach of obligations to carry out collective consultation and the employer then goes into insolvency, a protective award subsequently ordered by an employment tribunal is a debt in the liquidation.

    Impact on employers

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Breach of contract, Employment tribunal, Debt, Liability (financial accounting), Liquidation, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Protective award
    2008-07-10

    In its judgment in Haine v Sec of State for BERR and the liquidator of Compounds Section Ltd the Court of Appeal has decided an important question on employer insolvency.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Liquidator (law), Department for Business, Enterprise and Regulatory Reform, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    No costs order against receivers
    2008-05-21

    Where a receiver of an insolvent company brings an unsuccessful claim, a personal costs order will not be made against the receiver unless there are exceptional circumstances making it just to do so.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Wage, Costs in English law, Interest, Court costs, Secured creditor, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Divorce and bankruptcy
    2008-03-05

    A recent court decision has finally clarified the law relating to bankruptcy after the conclusion of ancillary relief proceedings, after a significant period of uncertainty. The Court of Appeal in the case of Haines v Hill has decided that a property transferred to a wife in ancillary relief proceedings should, in the absence of fraud or collusion, remain safe even in the swift event of her former husband’s bankruptcy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Mills & Reeve LLP, Bankruptcy, Fraud, Consideration, Divorce, Collusion, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP

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