The following Restructuring & Insolvency news provides comprehensive and up to date legal information on A £3m gift, a diamond and a castle; the story of a successful section 423 claim (Thomas v Jones)
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...
Costs in directors' disqualification proceedingsDespite their penal nature, disqualification proceedings are civil proceedings, and the general principles relating to costs that apply to other civil proceedings also apply to disqualification proceedings.The Court of Appeal decision in Re Pamstock
What constitutes unfitness under section 6 of the Company Directors Disqualification Act 1986?Section 6 of the Company Directors Disqualification Act 1986Section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) provides that:•'the court shall make a disqualification order against a
Directors’ duties: companies in financial difficultiesDirectors of companies which become, or are likely to become, insolvent face additional considerations and are under a duty to minimise losses to the company’s creditors. The relevant statutory provisions are contained in:•the Insolvency Act 1986
A company director is subject to disqualification proceedings as a result of selling assets of the company, which led to the insolvency of the company. The sale was effected following legal advice, which is privileged, and the liquidators have taken control of the company's privilege. Can the lawyer
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