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The law applicable to the effects of insolvency in pending arbitration and litigation: A proposal to UNCITRAL WG V

Arbitration analysis: This analysis considers the wording proposed by UNCITRAL in the Working Documents publicly available ahead of the 68th session...

Bounce Back Loan misconduct: 11-year disqualification and compensation order (The Secretary of State for Business and Trade v Pal)

Restructuring & Insolvency analysis: The High Court (ICC Judge Barber) has made an 11-year disqualification order under section 6 of the Company...

Restructuring & Insolvency weekly highlights—16 April 2026

This week's edition of Restructuring & Insolvency weekly highlights includes: a discussion on the winding up of a company by the court following...

Security void following unilateral amendment (Boult v Together Personal Finance Ltd)

Banking & Finance analysis: This News Analysis discusses the case of Boult v Together Personal Finance Ltd, in which the court applied the rule in...

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What is the difference between an appeal and a review?

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

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes: •it is a criminal offence under section 993 of the Companies Act 2006•a civil remedy arises under sections 213 and 246ZA of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986Section 423 of the Insolvency Act 1986 (IA 1986) allows for the avoidance of transactions which were designed to defraud creditors. Its provisions are intended to prevent parties from disposing of assets so as to

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

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
What is the difference between an appeal and a review?

What is the difference between an appeal and a review?

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

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes: •it is a criminal offence under section 993 of the Companies Act 2006•a civil remedy arises under sections 213 and 246ZA of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986Section 423 of the Insolvency Act 1986 (IA 1986) allows for the avoidance of transactions which were designed to defraud creditors. Its provisions are intended to prevent parties from disposing of assets so as to

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

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