Navigating the complexities of insolvency trading issues requires both tactical expertise and a thorough understanding of regulatory obligations. This resource offers essential insights into director duties, wrongful trading provisions, and the risks of personal liability. Equip yourself with practical guidance to mitigate the consequences of trading whilst insolvent and safeguard your clients’ interests.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—14 August 2025
The following Financial Services news provides comprehensive and up to date legal information on Car dealers arranging motor finance do not owe customers fiduciary duties (Johnson and others v FirstRand Bank Ltd and others)
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on When is it too late to amend in insolvency proceedings? (Cohen and another v Co-Operative Group Ltd and others)
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 considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim property belong to the company or bankrupt which they consider to be onerous. This Practice Note
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
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
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