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The following Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Under section 245 of the Insolvency Act 1986 (IA 1986), liquidators and administrators can avoid certain floating charges if:•the floating charge was created at the relevant time•in certain circumstances, the company was
Preferences under section 239 of the Insolvency Act 1986The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority in relation to past indebtedness of a company at the expense of other creditors, preventing a
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?A wrongful trading claim applies to a person if:•the company has gone into insolvent liquidation or insolvent administration•at some time before the commencement of the company's liquidation or
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