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    Can the official assignee pocket pensions?
    2012-06-29

    In Raithatha v Williamson [2012] EWHC 090 Ch, the English High Court was asked to decide whether a bankrupt’s entitlement to a pension, which he had not yet elected to receive, should be subject to an order for income payment.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Buddle Findlay, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Some can and can't do's in bankruptcy
    2012-06-08

    There are some strict rules which apply when an individual is made bankrupt. Some of them were brought to the fore recently in the case of Floyd Foster v Davenport Lyons (A Firm) in the Chancery Division EWHC 275 (Ch).

    The main cardinal rules are:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Bankruptcy, Injunction
    Authors:
    Bernard D'Monte
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    De-facto directors: Case 2: F Options Limited: Who is actually in charge?
    2012-06-08

    The recent case of F Options Ltd v Prestwood Properties Ltd concerned the setting aside of a transaction as a preference under section 239 of the Insolvency Act 1986.

    A preference arises when a company's creditor is put in a better position than they would otherwise have been in the event of the company's insolvency. Transactions may be a preference whether or not the parties are connected, but where it can be shown that there is a connection within section 249 of the Insolvency Act 1986, two important advantages are gained:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Unsecured debt, Board of directors, Insolvency Act 1986 (UK)
    Authors:
    Laura Thornton
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    De-facto directors: Case 1: Re Snelling House: Directors’ misfeasance
    2012-06-08

    The law allows any person to be treated as a director even though that person has not been formally appointed as a director. Such directors are known as de-facto directors. By contrast, a de jure director is a person who has been validly appointed as a director.

    The recent case of Re Snelling House Ltd (In Liquidation) [2012] EWHC 440 (Ch) serves as a useful reminder to consider possible claims against de-facto directors who may be acting under the wrong impression that they are beyond reprehension.

    The facts

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Value added tax
    Authors:
    Sinéad Lester
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    European perspective in brief
    2012-06-12

    On May 9, 2012, the English High Court, in Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012), for the first time ruled on the requirements governing the existence of an “establishment” under the EC Insolvency Regulation (Council Regulation (EC) No 1346/2000) (the “Regulation”). Under the Regulation, “main” insolvency proceedings may be commenced on behalf of a debtor only in the single jurisdiction in which the debtor’s “centre of main interests” (commonly referred to as “COMI”) is located.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, High Court of Justice (England & Wales)
    Authors:
    Mark G. Douglas
    Location:
    United Kingdom
    Firm:
    Jones Day
    Government announcement on Jackson reforms
    2012-06-12

    The Government has announced that it will be delaying the proposed changes to Conditional Fee Arrangements ("CFA") and After the Event ("ATE") Insurance, in respect of insolvency proceedings, until 2015.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell
    Authors:
    Edward Starling
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Consultant insolvency - be alert
    2012-06-15

    The recent news that the holding company of Currie & Brown was in administration at the time of its acquisition by Middle East-based consultant Dar Group raises fresh concerns that there may be more victims of this period of economic instability.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Mills & Reeve LLP
    Authors:
    Ruth Phillips
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Turbulence ahead for landlords of insolvent tenants?
    2012-06-22

    As the prospects for business survival become ever tougher due to challenging economic conditions, administrators and liquidators are increasingly finding themselves having to justify to the courts whether or not costs should be treated as an expense of the administration or liquidation.

    Sums incurred or paid as an expense of an administration or liquidation are, unlike debts incurred before the appointment of the administrator or liquidator, paid in preference to unsecured debts and also before the administrator or liquidator's fees and expenses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Stephenson Harwood LLP, Landlord, Leasehold estate, Liquidation, Liquidator (law)
    Location:
    United Kingdom
    Firm:
    Stephenson Harwood LLP
    High Court tackles 'football creditor rule' on insolvency
    2012-06-26

    Facts
    HMRC's case

    The Football League's response
    Decision
    Comment


    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, Liquidation, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    RPC
    Is your pension pot up for grabs?
    2012-06-26

    Those thinking that the trials and tribulations of the recession may have passed them by and that, if all else failed, at least the pension was safe, may have to think again following two recent court decisions in which pensions came under attack from creditors and trustees in bankruptcy.

    The vexed question of whether a future right to receive a pension can be attached to satisfy a judgment, or can be claimed by a trustee in bankruptcy, has long since troubled the courts.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, RPC, Bankruptcy
    Authors:
    Charles Suchett-Kaye
    Location:
    United Kingdom
    Firm:
    RPC

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