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    Misfeasance liability of English liquidator
    2014-09-04

    Key Issue

    A former liquidator would not be entitled to relief from liability under section 212 of the Insolvency Act 1986 where her conduct had fallen well short of the standard to be expected and she had paid away substantial sums which would otherwise be available to creditors.

    The Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidator (law), Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Richard Colebourn
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Former English liquidator unable to query creditor status
    2014-06-06

    Key point

    Only a current liquidator or a current creditor has standing in an English liquidation to pursue a claim under  section 212 of the Insolvency Act 1986 ("IA 86"). A former liquidator has no standing to apply to court to expunge a proof of debt (Insolvency Rule 4.85).

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Fraud, Liquidation, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    The Budget 2014 - the impact of the new flexibilities on the pensions of bankrupts
    2014-05-13

    Introduction

    The Chancellor’s 2014 Budget speech revealed significant  changes to the way in which pension scheme members will be  able to access their savings. This move falls as just one of a raft  of changes to workplace pensions which Steve Webb MP has  described as a “pensions revolution”.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Bankruptcy, Debtor, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Leonardo Robinson , Patrick Cook
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Insolvent defendants and claimants
    2014-05-14

    Insolvent Defendants

    Corporate Insolvency

    Dissolution

    1. Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution. Dissolution can occur, broadly speaking, in two ways, one is at the end of the process of winding up (whether voluntary or compulsory) and the other is by the process of striking off the Register of Companies 

    or limited liability partnerships. The latter occurs either as a result of the company’s

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Thirty Nine Essex Street, Limited liability partnership, Liquidation, Limitation Act 1980 (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Thirty Nine Essex Street
    Price v Davis
    2014-05-21

    21 January 2014
    [2014] EWCA Civ 26
    Court of Appeal (Arden, Sullivan and Davis LJJ)

    Following suspension of IVAs, all creditors were bound by varied IVAs approved at a further creditors' meeting directed by the court, even if they had become creditors after the initial suspension.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, XXIV Old Buildings, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    Unfair harm in the context of actions by administrators
    2014-05-01

    London & Westcountry Estates Limited ("LWE") went into administration in March 2012. The directors of LWE claimed that its bankers had mis-sold an interest rate swap product to them, and that they were, as a result, entitled to compensation. As LWE was in administration, it was for the administrators to bring the claim against the bankers. The administrators, however, declined to bring an action on behalf of LWE, and also declined to assign the cause of action to the directors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hogan Lovells, Insolvency Act 1986 (UK)
    Authors:
    Rebecca Huntsman
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Apcoa Parking: availability of UK scheme of arrangement to foreign corporates extended
    2014-05-02

    One of the recent hot topics in the European restructuring market has been whether the UK Courts would sanction a scheme of arrangement in relation to a foreign company, with no previous connection to the UK whatsoever, where the sole basis for establishing jurisdiction to undertake the scheme would be amending the governing law and jurisdiction clauses of the company’s principal finance documents to English law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White & Case, Debt, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Laura Prater , Boris Docekal , David Plch , Leïla M. Röder
    Location:
    United Kingdom
    Firm:
    White & Case
    Agency corked by court of appeal
    2014-04-15

    Background
    Decision on survival of contractual rights
    Decision on constructive trust
    Comment

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Accounting, Insolvency Act 1986 (UK)
    Authors:
    Jonathan Wood , Nigel Brook
    Location:
    United Kingdom
    Firm:
    RPC
    Agency corked
    2014-04-23

    In Bailey & Others (Joint Liquidators of D&D Wines International Limited) v Angove’s Pty Limited1, the Court of Appeal overturned a decision of the High Court, and so permitted the liquidator of an insolvent agent to recover funds due to it from end-customers despite the agency having been terminated.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Power of attorney, Insolvency Act 1986 (UK)
    Authors:
    Jonathan Wood , Nigel Brook
    Location:
    United Kingdom
    Firm:
    RPC
    Bankruptcy of chargor prevented receivers from exercising right of enfranchisement
    2014-04-04

    Key points

    • Section 306 of the Insolvency Act 1986 (“1986 Act”) provides that a bankrupt’s estate shall vest immediately in the trustee in bankruptcy and no registration is required to effect that vesting;
    • A bankrupt’s tenancy had vested in the trustee so that the bankrupt was no longer the qualifying tenant for the purposes of enfranchisement under the Leasehold Reform Act 1967 (“1967 Act”).

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Bankruptcy, Insolvency Act 1986 (UK)
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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