15 November 2013

[2013] EWCA Civ 1408 

Court of Appeal (Elias, Kitchin, McCombe LJJ)

No recovery if the company has not "entered into" the transaction at an undervalue

In Re Ovenden the Court of Appeal decided that a payment made by a trustee of company money to a third party, without the company’s involvement, could not be a transaction at an undervalue under section 238 of the Insolvency Act 1986 because it was not a transaction entered into by the company.

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.

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: