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    Limiting the balance sheet test for insolvency
    2011-03-09

    Background

    Section 123 of the Insolvency Act 1986 provides two main tests of when a company is insolvent:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Shareholder, Market liquidity, Subprime lending, Debt, Liability (financial accounting), Liquidation, Balance sheet, Public limited company, Default (finance), HM Revenue and Customs (UK), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Steven Fennell , Dino Paganuzzi
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Insolvency figures paint contrasting picture
    2010-11-05

    A leading South Yorkshire insolvency expert has warned of a risk of a rise in corporate insolvencies in the new year.  

    The Government Insolvency Service third quarter figures show a slight decline in all forms of corporate insolvency and a big decline in the number of administrations (down 35 per cent on this time last year and 19 per cent down from the previous quarter).  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Kennedys Law LLP, Bankruptcy, Solicitor, Dispute resolution, Consumer debt, Stakeholder (corporate), Self-employment, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Insolvent defendants
    2010-01-30

    Amendments to the Third Party (Rights against Insurers) Act 1930 are long overdue, so the reforming Bill currently being fast-tracked through Parliament, the Third Party (Rights against Insurers) Bill, should be welcomed by the insurance industry. In the words of the Ministry of Justice, it is intended to make it “… easier and less expensive to claim compensation from insolvent defendants”.

    Current law

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Kennedys Law LLP, Liability insurance, Common law, General Medical Council, Constitutional amendment
    Authors:
    Tim Wilson
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Third Parties (Rights Against Insurers) Bill
    2009-12-11

    The Third Parties (Rights Against Insurers) Bill proposes that claimants should be able to sue the insolvent defendant’s insurer directly without having to sue the wrongdoer first. This changes the current legislation, passed in 1930, that requires claimants to establish the wrongdoer’s liability before bringing a separate claim against their insurer.  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Kennedys Law LLP
    Authors:
    Philippa Craven
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Received wisdom
    2007-08-09

    The House of Lords has had some important things to say about receivers’ liability in tort, and the law of conversion.

    In the recent case of OBG Ltd v Allan, the House of Lords has ruled on key aspects of economic torts and the law of conversion (that is to say, the wrongful dealing with property in a way that is inconsistent with the owner’s rights). The law lords decided that the receivers should not be held liable for the damage which a company may have suffered as a result of the loss or underrealisation of business contracts.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Breach of contract, Solicitor, Good faith, Intangible asset, Liquidator (law), House of Lords, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Chapter 11 bankruptcy: recovery of freight payments
    2015-11-24

    Re Lyondell Chemical Co, et al; Edward Weisfelner, as Trustee of the LB Litigation Trust v LR2 Management K/S [18.09.15]

    US Bankruptcy Court confirms that a trustee in bankruptcy could not avoid freight payments made by charterers shortly before they applied for bankruptcy protection.

    Implications

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Kennedys Law LLP
    Authors:
    David McKie
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Provisional liquidation and fraud
    2013-06-19

    HMRC v SED Essex Limited

    In HMRC v SED Essex Limited [2013] EWHC 1583(Ch) the High Court has confirmed that the Court will, in appropriate cases, uphold the appointment of provisional liquidators where the petition debt is based on allegations of fraud. The case sets out the court’s approach to disputed debts, VAT assessments, and provisional liquidation in order to preserve evidence as well as assets and the application of the guidance from the Court of Appeal in Rochdale Drinks.

    What the case decided and why it matters

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Kennedys Law LLP, Fraud, Liquidation, HM Revenue and Customs (UK), Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Steven Fennell , Darren Bradshaw
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    The Supreme Court’s decision on balance sheet insolvency
    2013-05-21
    What does it mean and why does it matter?
     
    The Supreme Court has held that the balance sheet test for insolvency is not whether the company has "reached the point of no return", but neither is it an objective test taking the company’s assets and liabilities at face value.

    What does the decision mean?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Balance sheet, Insolvency Act 1986 (UK)
    Authors:
    Steven Fennell , John Harvey , Michael McCarthy , Dino Paganuzzi
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP

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