Individual Voluntary Arrangements Service
Why should you subscribe to Individual Voluntary Arrangements
A clear, authoritative guide, available as a print or online subscription, that has become an essential reference tool for all debt advisers, insolvency practitioners, lawyers advising insolvency professionals and creditors or debtors during the preparation of an IVA or after its approval.
Written by a team of experts in the field, the looseleaf format with its regular updates ensures you are kept fully informed of the relevant case-law and changes to practice and procedure. Recent updates have focused on VAT reclaims after the decision in Paymex, issues arising out of PPI claims and the involvement of secured creditors. All the latest developments are examined in detail and invaluable, practical guidance is provided to navigate you through this complex area of law.
Table of contents
Issue 52, February 2019Issue 52 considers the following:
- The status of the debtor in relation to insolvency in Hood v (1) The Commissioners For Her Majesty’s Revenue and Customs (2) JD Classics Ltd (In Administration)  EWHC 2236 (Ch), noted at A4.
- Issues as regards PPI mis-selling and trust deeds in Scotland in Donnelly v Royal Bank of Scotland plc  CSIH 56,  BPIR Issue 1, holding that the trustee’s decision to declare the final distribution meant that the bank could not rely on set-off. The decision is noted at A5[11E].
- The effect of a voluntary arrangement on the enforcement of an adjudication award and/or the effect of liquidation or bankruptcy on the adjudication process in Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), Primus Build Ltd v Cannon Corporate Ltd (Conjoined Appeals). In the meantime, the decision in Bresco was considered in Meadowside Building Developments Ltd (in liquidation) v 12 18 Hill Street Management Company Ltd  EWHC 2651 (TCC) and Re JPF Clarke (Construction) Ltd (in a Company Voluntary Arrangement); (1) Maze Inns Ltd (In Liquidation) (2) Minverbond Ltd (3) Tan Sales (London) Ltd (4) 361 Degrees LLP v (1) Hunt (2) Clowry (as Joint Supervisors Of The CVA of JPF Clarke (Construction) Ltd) (3) JPF Clarke (Construction) Ltd  BPIR Issue 1, both noted at A12.
- At A14, the decision in Hurdle v Dartnaill and Thompson  EWHC 2271 (Ch), on extending time to make such an appeal, is considered.
- The decision in Re Regis (UK) Ltd (in administration), (1)Williams (2) Laverty v Carraway Guildford (Nominee A) Ltd EWHC 3073 (Ch), which covers a number of issues in relation to a CVA. The case is noted at A13[34B], A13[96A], A15 and A17.