Category: Corporate Recovery & Restructuring
July 2013
The Rescue Process and the Supply of Services
The Enterprise and Regulatory Reform Act 2013 provides the Government with powers to amend the existing provisions of the Insolvency Act 1986, Sections 233 and 372. These powers will ensure that companies and individuals involved in a rescue process do not forfeit the supply of essential goods or services or are forced to accept them on onerous terms.
April 2013
Lifting the Moratorium
In the case of Gaardsoe v Optimal Wealth Management Limited [2012] EWHC 3266 the High Court considered if it had power to permit an action that was commenced in breach of the moratorium as the claimant did not have either Court sanction or the consent of the administrators when the action was commenced.
April 2013
Doctrine of Marshalling
This is a little understood equitable principle but in appropriate circumstances it can be of great value to a lower-ranking secured creditor.
May 2012
When do Landlords have priority rights in an administration?
For the past few years there has been much in the news about the use of administrations as the favoured route for saving businesses and jobs.
March 2012
Out of court administration
The line of cases which began last year with Minmar (929) Limited Khalastchi ([2011] EWHC 1195 (CH)) when the High Court decided that an out-of-court appointment by directors was invalid because of the failure to give notice to the Company, i.e. its shareholders, has had three additions.
March 2012
Bankruptcy Cases - Property
Some interesting recent cases and reminders:-
