Corporate Recovery and Insolvency Articles


Updated Insolvency Rules – What’s New?

On 6 April 2017, the new Insolvency Rules 2016 will come into force.  The existing rules date back ..

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Insolvency Fees Raised Again

From Monday 16th November 2015, the Official Receiver deposit has been increased. For bankruptcy pet..

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Company Wound Up For Using MVL Rates Avoidance Scheme

Property Alliance Group Limited (“PAG”), a property developer, investor and asset manager with a..

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Fears Of “Legal Deserts” As A Result Of Court Closures

Back in July this year, the justice minister, Shailesh Vara (whom it certainly seems is always last ..

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Statutory Demands – The Importance Of Other Creditors

The case of Howell v Lerwick Commercial Mortgage Corporation Limited heard in the High Court in May ..

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Amendments Bring Increased Flexibility To The Insolvency Act

On 26 March 2015, the Small Business, Enterprise and Employment Act 2015 (“the SBEEA”) obtained ..

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Tax Avoidance Scheme Gives Rise To Recovery Route Through Insolvency

Tax avoidance schemes might be the bane of HMRC but one such scheme has recently presented us with a..

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Increase in Bankruptcy Petition Threshold

Business Minister Jo Swinson recently announced that from October 2015, the minimum sum for which a ..

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Changes To The Treatment Of Pensions In Bankruptcy

From April 2015, pensioners will have much greater flexibility to draw their personal pensions when ..

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Claims under section 423 Insolvency Act 1986

The Insolvency Act 1986 (“the Act”) provides liquidators and trustees in bankruptcy with a varie..

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Rent As An Expense In Insolvency – Court of Appeal Changes The Game

Late last year, we commented that the High Court had granted leave to appeal in the case of Jervis v..

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Pre-Pack Sales in Administration – New SIP 16

A new Statement of Insolvency Practice 16 (“SIP 16”) relating to pre-packaged sales in Administr..

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Rent As An Administration Expense – Are Landlords Back In The Game?

A recent case, Re Games Station Limited, has opened the door to a review of the question of whether ..

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Bramston v Haut – Trustee Successfully Challenges Right to Suspend Bankruptcy

This appeal concerned the unusual scenario of a bankrupt requesting a suspension of his own automati..

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Forum Shopping in Bankruptcy

The practice known as “forum shopping” has become ever more prevalent in recent times, and is an..

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Prepacks – Perception and Reality

Prepack sales are a bit like marmite.  Insolvency professionals love them, as they often present a ..

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A Review of Bankruptcy Annulment and Debtor Capacity

Annulment Under section 282(1) of the Insolvency Act 1986, the Court has discretion, on the applicat..

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Commercial Rent Payable By Administrator – Clarity Provided By Court

Leisure (Norwich) II Limited v Luminar Lava Ignite Limited (in administration) [2012] Although we ar..

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Greenhalgh Kerr gains Lexcel Standard

Greenhalgh Kerr has been awarded the Law Society’s top accolade, the law management quality mark, ..

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Raithatha v Williamson – An Update

The eagerly awaited appeal of the decision in Raithatha v Williamson [2012] EWHC 909 (Ch) has been v..

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Insolvency Cases Exempt from Jackson Reforms until April 2015

In it’s second climb-down in the struggle to overhaul the civil justice system, the government has..

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Court of Appeal Provides Clarity on TUPE and Administrations

Key2Law (Surrey) LLP v De’ Antiquis [2011] EWCA Civ 1567 On 20 December 2011 the Court of Appeal p..

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A Cautionary Tale On Winding Up Petitions

Sykes & Son Limited v Teamforce Limited, Chancery Division, 3 April 2012 Richard Snowden QC hear..

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High Court compels Bankrupt to draw pension to pay Creditors

A landmark judgment was handed down on 4 April 2012 in Raithatha v Williamson.  The High Court rule..

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Insolvency – Proposals for Reform

The Insolvency Service has launched its latest consultation “Reform of the Process to Apply fo..

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