In re Nortel Networks UK Ltd and related companies (No 2) – WLR Daily

Posted June 21st, 2017 in administrators, courts, expenses, insolvency, jurisdiction, law reports by sally

In re Nortel Networks UK Ltd and related companies (No 2) [2017] EWHC 1429 (Ch)

‘The applicants, the administrators of companies in the same group, were aware of a number of potential claims, which might if established, qualify as administration expenses (“expense claims”), and thereby rank for payment in priority to the claims of unsecured creditors. Neither the Insolvency Act 1986, nor the Insolvency Rules 1986, nor the Insolvency Rules 2016 provided any express mechanism under which an administrator could require expense claims to be asserted by a specific date, or enable him to refuse to deal with claims asserted after that date in the context of a distribution to unsecured creditors. In the absence of any applicable statutory scheme, the administrators applied to the High Court for directions under paragraph 63 of Schedule B1 to the 1986 Act to implement a scheme informing potential claimants that any expense claims which had not yet been made had to be notified to the administrators on a prescribed form on or before a specified date.’

WLR Daily, 16th June 2017


Construction v Insolvency: Adjudicators’ decisions will be enforced, despite a statutory moratorium – Hardwicke Chambers

Posted May 16th, 2017 in arbitration, construction industry, enforcement, insolvency, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’

Full story

Hardwicke Chambers, 24th April 2017


Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

Full story

Henderson Chambers, 5th April 2017


Speech by The Chancellor of the High Court: A Look at the Future for Insolvency and Business Litigation in London – Courts and Tribunals Judiciary

Posted November 15th, 2016 in courts, insolvency, judges, judiciary, speeches by tracey

‘I am keen to speak tonight about the important work of the Rolls Building and the real value of the international reputation of our law and our judges in the post-Brexit world.’

Full speech

Courts and Tribunals Judiciary, 10th November 2016


Summary of the Key Changes in the Insolvency Rules 2016 – Hardwicke Chambers

Posted November 9th, 2016 in insolvency, news, regulations by sally

‘The Insolvency Rules 2016 (“the 2016 Rules”) were published and laid before parliament on 25 October 2016. The rules will come in to force on 6 April 2017. The following note summarises the key features of the rules.’

Full story

Hardwicke Chambers, 27th October 2016


In re Nortel Networks UK Ltd and related companies – WLR Daily

Posted November 8th, 2016 in administrators, agreements, insolvency, law reports by sally

In re Nortel Networks UK Ltd and related companies [2016] EWHC 2769 (Ch)

‘The administrators of nineteen Europe, Middle East and Africa companies in the N group and the conflict administrator of one of those companies applied for directions enabling a global settlement to be made of the vast majority of disputes that had arisen in relation to the affairs of the group and the distribution of the proceeds of sale of its assets.’

WLR Daily, 31st November 2016


Number of insolvencies jumps by a fifth in England and Wales – The Guardian

Posted October 31st, 2016 in insolvency, news, statistics by sally

‘The number of people becoming insolvent across England and Wales leapt by a fifth in the third quarter of 2016, with experts warning that the numbers could continue to increase as the cost of living rises following the UK’s Brexit vote.’

Full story

The Guardian, 28th October 2016


‘Modernised’ English insolvency rules will come into force in April –

Posted October 31st, 2016 in insolvency, news, regulations by sally

‘”Modernised and consolidated” insolvency rules, which will come into force in England and Wales on 7 April 2017, have just been published.’

Full story, 28th October 2016


Serious Fraud Office steps up BHS investigation – The Guardian

Posted September 29th, 2016 in fraud, insolvency, news, pensions, Serious Fraud Office by tracey

‘The Serious Fraud Office has stepped up its inquiries into the collapse of BHS and the conduct of the department store chain’s former owner Dominic Chappell.’

Full story

The Guardian, 28th September 2016


Law firm investigating VW emissions scandal hired to examine BHS – The Guardian

Posted August 12th, 2016 in administrators, bankruptcy, insolvency, law firms, news, pensions by sally

‘The US law firm investigating the diesel emissions scandal at Volkswagen is to examine the conduct of BHS directors in the run-up to the retailer’s collapse.’

Full story

The Guardian, 11th August 2016


Supreme Court: money owed by insolvent agent to its principal not held on constructive trust –

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

Full story, 29th July 2016


Third party rights of direct action against insurers due to come into force –

Posted July 29th, 2016 in insolvency, insurance, news, third parties by tracey

‘New rights for third parties to bring direct actions against insurers in the event that an insured party against which they have a claim becomes insolvent will come into force on 1 August 2016.’

Full story, 28th July 2016


Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

Full story

Family Law Week, 15th July 2016


Consumer Prepayments on Retailer Insolvency – Law Commission

‘This project is complete. We laid our report before Parliament on 13 July 2016 and await the Government’s response.
This project, which was commissioned by the Department for Business, Innovation and Skills (BIS), considered whether greater protection is needed for consumers who lose deposits or gift vouchers when retailers or other service providers become insolvent.’

Full press release

Law Commission, 14th July 2016


Liability of the MIB for Insolvent Insurers – Park Square Barristers

Posted July 12th, 2016 in appeals, insolvency, insurance, Motor Insurers’ Bureau, news by sally

‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’

Full story

Park Square Barristers, 3rd June 2016


Watchdog demands more powers to stop cold-calling kingpins from dodging fines – Daily Telegraph

‘Cold call kings behind millions of nuisance calls are getting away with it because the Government has refused to hold them personally liable, the departing Information Commissioner has told The Telegraph. Christopher Graham, in his final interview before stepping down, said he had repeatedly pressed ministers to give him the power to pursue the directors of cold-calling companies – but his pleas had been ignored.’

Full story

Daily Telegraph, 18th June 2016


Hosking and another v Slaughter and May – WLR Daily

Posted June 3rd, 2016 in administrators, costs, insolvency, law reports by sally

Hosking and another v Slaughter and May [2016] EWCA Civ 474

‘During a company’s administration the administrators employed a firm of solicitors and agreed their fees. The company was wound up and the liquidators were subsequently appointed. Shortly thereafter the administrators approved the solicitors’ final invoice which post-dated the liquidators’ appointment. The liquidators applied to the court for an order for a detailed assessment of the costs agreed between the administrators and the solicitors, pursuant to rule 7.34 of the Insolvency Rules 1986. The registrar concluded that the administrators could agree and pay the fees of the solicitors and there was neither power under rule 7.34 nor inherent jurisdiction for the court to order a detailed assessment of costs. The judge dismissed the liquidators’ appeal against the registrar’s order refusing a detailed assessment of costs but allowed the appeal in respect of the final invoice, concluding that rule 7.34 did not apply to former administrators so the final invoice had not been properly approved and would have to be approved by the liquidators. The liquidators appealed against the judge’s decision not to order a detailed assessment and the solicitors appealed against the order that the final invoice had not been properly approved.’

WLR Daily, 24th May 2016


End of LASPO exemption for insolvency “will lead to unscrupulous behaviour” – Litigation Futures

Posted June 3rd, 2016 in company directors, fees, insolvency, insurance, news by sally

‘Most insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.’

Full story

Litigation Futures, 3rd June 2016


Appeal judges refuse to order assessment of costs agreed by administrators – Litigation Futures

Posted May 26th, 2016 in administrators, appeals, costs, fees, insolvency, law firms, news by tracey

‘The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators.’

Full story

Litigation Futures, 25th May 2016


Shipping fuel supply agreement was at no time ‘sale of goods’, Supreme Court confirms –

Posted May 13th, 2016 in contracts, insolvency, news, shipping law by tracey

‘The supply of “bunkers” of marine fuel on credit for immediate use was not governed by the 1979 Sale of Goods Act, leaving the shipping company in debt to the bank which has taken over the liabilities of the insolvent bunker supplier, the UK’s highest court has confirmed.’

Full story, 12th May 2016