Corporate By Matthew Darling For the latest news and comment on Corporate, M&A and Equity Capital Markets.
GC Collective By Ben Daniels The GC Collective collection offers insight and comment for General Counsels (GCs) and in-house legal teams.
"Steady as we go?” Supreme Court clarifies, for the first time, when and how company directors owe a duty to a company’s creditors. By Giles Hindle On 5 October 2022, the Supreme Court delivered its long awaited judgment in BTI 2014 LLC V Sequana SA [2022] UKSC 25 dismissing an appeal by BTI. Lord Reed and Lady Arden each gave their own judgments which concurred, largely applying the same…
Uralkali v Rowley – do Administrators owe a personal duty of care? By Kevin Hawthorn Uralkali v Rowley – do Administrators owe a personal duty of care?
Insolvency newsletter - July 2021 By Kevin Hawthorn DAC Beachcroft's Insolvency newsletter features topical news and insights for our clients and contacts.
Rescinding a winding-up order – the importance of timing By Kevin Hawthorn In Sarjanda Ltd (in liquidation) v Aluminium Eco Solutions Ltd and another [2021] EWHC 210 (Ch) , an application to rescind a winding up order was refused where the application had been made over two years outside of the five-day time limit. That…
Winding-up and forfeiture restrictions extended By Kevin Hawthorn Restrictions on winding-up petitions and forfeiture extended further.
Government extends ability to amend insolvency and governance legislation By Kevin Hawthorn The government has extended its ability to amend insolvency legislation.
Updates to the Statements of Insolvency Practice By Kevin Hawthorn New SIPs – knowing the difference between disbursements and expenses and the expanded definition of associates
Filing multiple Notices of Intention – the decision in Seabrook By Kevin Hawthorn Notices of intention to appoint administrators – the importance of a settled intention.
Companies House strike off – act quickly to avoid invalid appointments By Kevin Hawthorn Insolvency practitioners need to be alert to company strike off action when considering new appointments.
Re NMUL Realisations Limited – failure to give notice to a prior QFCH By Kevin Hawthorn Does failure to give notice of intention to appoint administrators to a prior QFCH invalidate the appointment?