Civil case over £237m collapse of London Capital & Finance opens – with counsel leaving – Law Society’s Gazette

Posted February 20th, 2024 in barristers, fees, insolvency, legal representation, news, unfair commercial practices by tracey

‘Counsel for a defendant in a civil case concerning the £237m collapse of mini bond issuer London Capital & Finance excused themselves from court on the first hearing day this morning – stating that there was no prospect of their fees being paid.’

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Law Society's Gazette, 19th February 2024

Source: www.lawgazette.co.uk

Collapsed SSB “faces up to 1,400 negligence claims” – Legal Futures

Posted January 31st, 2024 in costs, insolvency, insurance, law firms, negligence, news by tracey

‘Consumer claims firm SSB Law, which went into administration earlier this month owing six litigation funders £200m, faces up to 1,400 professional negligence claims, it has emerged.’

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Legal Futures, 31st January 2024

Source: www.legalfutures.co.uk

Resisting enforcement of an adjudicator’s decision – Local Government Lawyer

‘Mark Roach, Sarah Davies and Dawn Gowland review a recent High Court case where a contractor sought to enforce an adjudicator’s decision against a Welsh council.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Court Control of Office-Holders: Applying the Brakes? – Gatehouse Chambers

Posted November 21st, 2023 in insolvency, news, statutory interpretation by sally

‘Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch. In recent years there have been several important cases examining these issues.’

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Gatehouse Chambers, 11th October 2023

Source: gatehouselaw.co.uk

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

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Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

Birmingham City Council finances highlight implications of local authority ‘section 114’ report – OUT-LAW.com

Posted September 25th, 2023 in insolvency, local government, news by tracey

‘News that the UK government is set to intervene in the financial problems at Birmingham City Council has again focused attention on the statutory provisions that apply where a local authority in England finds itself in severe financial straits.’

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OUT-LAW.com, 22nd September 2023

Source: www.pinsentmasons.com

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by tracey

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk

Rulings support trustees in bankruptcy in carrying out their duties – OUT-LAW.com

Posted August 11th, 2023 in appeals, bankruptcy, insolvency, news, Supreme Court, trustees in bankruptcy by tracey

‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com

High Court removes privilege in fraud claim involving top law firm – Legal Futures

Posted August 2nd, 2023 in disclosure, documents, fraud, insolvency, law firms, legal profession, news, privilege by sally

‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’

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Legal Futures, 2nd August 2023

Source: www.legalfutures.co.uk

Challenging CVAs as a creditor – Local Government Lawyer

‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Court rules that genuine attempt to restructure did not put assets beyond reach of creditors – OUT-LAW.com

Posted June 21st, 2023 in company law, fraud, insolvency, news, winding up by tracey

‘A recent ruling of the English High Court found that a genuine attempt to restructure a company did not amount to an ‘informal winding-up’ in contradiction of insolvency laws on the distribution of assets to creditors.’

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OUT-LAW.com, 20th June 2023

Source: www.pinsentmasons.com

Ex-One Legal staff given pay award over redundancy without notice – Legal Futures

‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’

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Legal Futures, 21st June 2023

Source: www.legalfutures.co.uk

How insolvency impacts intellectual property licenses – OUT-LAW.com

Posted June 1st, 2023 in insolvency, intellectual property, licensing, news by sally

‘Licensing is the backbone of many businesses, but many are unaware of how the current economic downturn could affect their operations as both licensees and licensors.’

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OUT-LAW.com, 30th May 2023

Source: www.pinsentmasons.com

The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve

Posted April 5th, 2023 in chambers articles, dispute resolution, fraud, insolvency, jurisdiction, news by sally

‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’

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Mills & Reeve, 3rd April 2023

Source: www.mills-reeve.com

Case Preview: R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor – UKSC Blog

‘In this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

UK high court approves Bulb takeover by Octopus Energy – The Guardian

Posted December 2nd, 2022 in administrators, company law, energy, insolvency, judicial review, news by tracey

‘The takeover of the collapsed energy supplier Bulb in a deal which would create the UK’s third largest gas and electricity provider has been approved in a London court.’

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The Guardian, 30th November 2022

Source: www.theguardian.com

Surgical Mesh claims stayed following recognition of Chapter 11 Proceedings (Re Astora Women’s Health LLC) – Gatehouse Chambers

Posted October 20th, 2022 in financial regulation, foreign companies, insolvency, international law, news by sally

‘The Insolvency and Companies Court has recognised Chapter 11 Proceedings in the US in respect of the manufacturer of controversial surgical mesh products which have generated a significant number of claims worldwide. The British Claimants have had their claims stayed as a result of this recognition.’

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Gatehouse Chambers, 11th October 2022

Source: gatehouselaw.co.uk

No cause of action at common law for wrongful eviction – Nearly Legal

Posted October 17th, 2022 in company law, housing, insolvency, landlord & tenant, liquidators, news, repossession by sally

“The Brake v Axnoller litigation reaches the Court of Appeal again, this time on the unlawful eviction claim concerning the cottage, which the Brakes had lost at first instance. In what is the stamp of this sprawling array of litigation, there are some deeply recherché issues of law. In a development that is less common, the Brakes partly won – though what the significance of this is remains deeply unclear.”

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Nearly Legal, 16th October 2022

Source: nearlylegal.co.uk

Supreme Court rules on creditor duty – Law Society’s Gazette

“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”

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Law Society's Gazette, 14th October 2022

Source: www.lawgazette.co.uk