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.
Supreme Court delivers judgment on dishonest assistance liability in breach of fiduciary duties case (Stevens v Hotel Portfolio II UK Ltd (in liquidation) and another)
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring and Insolvency weekly highlights—24 July 2025
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Challenging statutory demands on jurisdictional grounds (Peretie v Eden Farm SRL)
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
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
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
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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