13 November 2013

[2013] EWCA Civ 1410 

Court of Appeal (Maurice Kay VP, Beatson and Briggs LJJ)

Dismissing employees of an insolvent company: when is it unfair?

In Kavanagh v Crystal Palace, a number of employees of Crystal Palace football club claimed that they had been unfairly dismissed within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE 2006’).  The Court of Appeal considered the tension between TUPE 2006 and the insolvency regime.

10 September 2013

[2013] EWHC 3351 (Ch) 

Companies Court, Chancery Division (David Richards J)

Company held to be insolvent despite limited recourse stipulations

The company ARM Asset Backed Securities (“ARM”) made an application to the High Court for the appointment of provisional liquidators, having already presented a petition for just and equitable winding up.

21 November 2013

[2013] EWHC 3612 (Comm)

Commercial Court, Queen's Bench Division (Hamblen J)

Appointment of a receiver to bring protective claims against shareholder and former directors of a company by a potential creditor under an indemnity

18 December 2013

[2013] EWCA Civ 1629

Court of Appeal (Arden, Davis, Floyd LJJ)

Who pays the trustee's costs on an annulment?

The Court of Appeal considered the trustee’s recovery of costs following a successful application by bankrupts, Dr and Mr Oraki, for annulment of bankruptcy orders.  The Court approved Redbridge LBC v Mustafa [2010] EWHC (Ch) 1105), identifying four types of costs to be considered when a bankruptcy is annulled: