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    Court of Appeal considers insolvent company's right to deal with goods subject to retention of title clause
    2011-05-31

    Isher Fashions UK ("Isher") supplied Jet Star Retail Limited ("Jet Star") with goods. The contract for the supply of the goods contained retention of title provisions, but it was agreed between the parties that the contract implicitly gave Jet Star the right to deal with the goods despite Isher's claim to retention of title. The contract also gave Isher a right, by notice, to prevent Jet Star from selling or parting with possession of any goods supplied if Jet Star became the subject of formal insolvency proceedings.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Howes Percival LLP, Retail, Statute of limitations, Title retention clause, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    New insolvency rules by 2013
    2011-05-31

    There has been a considerable amount of discussion and work undertaken in relation to the modernisation of the Insolvency Rules. Towards the end of last year, the Insolvency Service invited views and comments on whether to work on a complete re-write of the Insolvency Rules or to just make necessary amendments to the existing rules.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Howes Percival LLP, Constitutional amendment
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Court of Appeal upholds liquidator's decision to settle litigation despite opposition from creditors
    2011-02-25

    In this case, a liquidator had commenced proceedings against the former director of a company in relation to transactions which were alleged to have been made at an undervalue and/or with an intention to defraud creditors and/or which were preferential. It was also alleged that the former director had acted in breach of his fiduciary duties in procuring or permitting the transactions to take place.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Howes Percival LLP, Breach of contract, Fraud, Fiduciary, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court (Ireland)
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Warning to check lease history
    2010-10-11

    Commercial sellers need to be particularly careful when purporting to sell property with vacant possession. In a recent case, Area Estates Limited v Weir (2010), Area Estates tried to sell a site to Weir, telling Weir that Area’s former tenant had surrendered its lease, so that Area could sell with vacant possession.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Howes Percival LLP, Bankruptcy, Breach of contract, Landlord, Leasehold estate, Interest, Economy, Vesting, Trustee
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Insolvency: Secretary of State fees avoided on ‘payment in full’ bankruptcy annulment
    2018-04-16

    In the decision in Mohammed Safier and (1) Wendy Jane Wardell & David John Standish (Joint Trustees in Bankruptcy of Mohammed Safier) (2) The Official Receiver the High Court made a potentially far-reaching decision on the payment of Secretary of State fees in certain annulment applications. Sue Austin considers the judgment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Howes Percival LLP
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Government Launches Consultation on Insolvency and Corporate Governance
    2018-04-09

    Following on from a number of recent high profile corporate failures, the Government has issued a consultation focused on specific issues concerning companies which are insolvent or approaching insolvency.

    Below is a summary of the areas under consultation. The full consultation can be found here.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Howes Percival LLP, Corporate governance
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Terminal Dilapidations: a step by step guide for landlords
    2018-02-21

    The expression “dilapidations” refers to any breach of lease covenants which relate to the condition of a leased property. This can apply to, among other things, a tenant’s covenants to repair the premises, to decorate or to remove alterations.

    The process for ensuring that dilapidations are remedied usually takes place at the end of a lease, and any such dilapidations are commonly labelled “terminal” or “lease end” dilapidations. The procedure for determining liability can be complex and can potentially end up in Court.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Howes Percival LLP, Leasehold estate
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Five top tips to protect your business
    2018-02-14

    In light of the collapse of Carillion, businesses have contacted us to ensure that their position with suppliers and customers are as robustly protected as they can be. Often they are not. So here are my five top tips:

    1. Know your client.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Howes Percival LLP, Carillion
    Authors:
    Alison Kirby
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
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