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    I’m a celebrity…get me back here!
    2024-09-03

    There have been a string of high-profile celebrity bankruptcies over the decades, and most recently, Katie Price. A common theme among these celebrities, many of whom were former contestants on the ITV hit show “I’m a Celebrity,” is that they were bankrupted by HMRC for unpaid taxes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Kingsley Napley, Initial public offerings, HM Revenue and Customs (UK)
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Directors' disqualification statistics: Key trends and observations from the latest insolvency service report
    2024-02-20

    On 13thFebruary 2024, the Insolvency Service (IS) released their latest monthly enforcement stats in relation to the directors’ disqualifications. The figures, whilst not surprising highlight some interesting points to note:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Kingsley Napley, Insolvency, Insolvency Service (UK)
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Supreme Court confirms the Administrator of Sports Direct subsidiary is not an officer within the meaning of TULRCA
    2023-11-02

    The Supreme Court judgment in the case of R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates Court and another (Respondents) was handed down on 1 November 2023.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Kingsley Napley
    Authors:
    Nicholas Hughes , Nick Ralph
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Salford Estates overturned: Implications for insolvency proceedings and arbitration agreements
    2024-06-20

    In the case of Sian Participation Corp (In Liquidation) v Halimeda International Ltd (on appeal from the BVI), the Privy Council has found that Salford Estates (No.2) Limited v Altomart Limited was incorrectly decided.

    This case is not only important for BVI lawyers, as the Privy Council has directed pursuant to Willers v Joyce (No 2) [2016] UKSC 44 that the decision in the present case in respect of Salford Estates now represents the law of England and Wales.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kingsley Napley, Liquidation, Insolvency, UK Supreme Court
    Authors:
    James Glaysher , Lucy Edwards
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Should insolvency practitioners be concerned by the supreme court’s latest decision regarding the enforceability of litigation funding agreements?
    2023-09-26

    In an eagerly-awaited and significant decision, the Supreme Court, in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 (“PACCAR”), held, on 26 July 2023, that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the claimant are damages-based agreements (“DBAs”) within the meaning of section 58AA of the Courts and Legal Services Act 190 (“CLSA”).

    Filed under:
    United Kingdom, Competition & Antitrust, Insolvency & Restructuring, Litigation, Kingsley Napley, UK Supreme Court
    Authors:
    Marieta van Straaten , Chantelle Tang
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    “What’s in a name?”
    2023-05-02

    “What's in a name? That which we call a rose by any other name would smell just as sweet.” Romeo & Juliet – William Shakespeare

    Company names and brand names, which may or may not be the same, along with the goodwill attributable to that name, is often a valuable company asset. However, even well-established brands are not immune to economic pressures, and you only have to take a walk down your local high street to witness the disappearance of many household names.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Kingsley Napley, Insolvency
    Authors:
    Luke Gregory
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Civil Fraud Quarterly Round-Up: Q1 2023
    2023-04-14

    This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of January - March 2023.

    BRIBERY

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kingsley Napley, Blockchain, Bitcoin, Cryptocurrency, Anti-bribery and corruption
    Authors:
    Mary Young
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Removing the façade: A look behind the Building Safety Act 2022
    2022-11-23

    It is five years since the tragic Grenfell disaster but defective cladding/dangerous living conditions and fire safety are still very much hot news. But, you may be asking, why is this relevant to insolvency practitioners?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kingsley Napley, Mediation, Cladding, Insolvency, Building Safety Act 2022 (UK)
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Turn the lights out
    2022-11-23

    As winter draws near, the days grow shorter, temperatures dip, and businesses will be turning on the lights longer and the heating up higher; all leading to higher energy bills. But, with continuing volatility in the energy market, how many businesses can afford to do so and will energy bills sound their death knell?

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kingsley Napley, Insolvency
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Why the date of death matters for creditors of insolvent estates
    2021-09-30

    Death does not release an individual from their debts and liabilities, nor does it allow transactions made to loved ones to escape challenge. This is so regardless of whether the transactions were made with the intention to defraud creditors.

    Insolvency administration orders (IAOs)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Kingsley Napley, Bankruptcy, Debt, Creditors' rights, Insolvency Act 1986 (UK), Trustee, Court of Appeal of England & Wales
    Authors:
    Emily Greig
    Location:
    United Kingdom
    Firm:
    Kingsley Napley

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