Navigate the complexities of dispute resolution within the insolvency framework. Access essential insights and detailed guidance tailored for practitioners handling contentious insolvency matters. Equip yourself with the strategies and knowledge to effectively manage insolvency litigation, ensuring you can deliver robust advice and achieve successful outcomes for your clients.
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of HMRC’s opposition to a Part 26A restructuring plan (In Re...
The Insolvency Service has updated its enforcement outcomes management information for April 2026. The data shows that there were 102 director...
The Insolvency Service has published issue 170 of its Dear IP newsletter. The issue includes updates to the IP Complaints Gateway guidance, a...
Tax analysis: In Re Waldorf, the High Court sanctioned (ie approved) the company’s restructuring plan under Part 26A of the Companies Act 2006,...
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...
Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims
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 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
Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
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