Jurisdiction in insolvency proceedings - new case law
A recent Court of Session case has made clear that a Scottish court cannot wind up or make an administration order in respect of an English registered company, and the same applies to English courts and Scottish companies.
Diligence and insolvency: receivership revisited
A significant decision issued last week by a five judge bench of the Inner House has reversed a 40 year old decision on the meaning of 'effectually executed diligence' in a receivership.
'Modified universalism' considered for the first time in a Scottish corporate insolvency case
An opinion issued this week is the first examination by a Scottish court of the principle of 'modified universalism' and the requirements for an enforceable floating charge where all the company's property is situated in a non-UK jurisdiction.
All aboard the insolvency express
As we reach the 30th anniversary of the Insolvency Act 1986, the legislators have clearly decided it is time to dust the profession down and bring out a shiny new model for us to hop aboard and take a journey (for some) into the unknown.
Don't leave me this way? Plans to force IT suppliers to continue to provide services to insolvent customers
The Insolvency Service is undertaking a consultation exercise regarding a plan to ensure the continuity of supply of IT services to insolvent companies in a similar manner to the current legislation regarding the supply of essential utilities.
Pre-packs - do they have a future?
In June this year Teresa Graham published her Report on Pre-pack Administrations. As Vince Cable noted in his foreword to the Report: 'Pre-pack administrations has been much criticised in some quarters in recent years'.
The rules of the Game have changed for landlords and administrators
On 24 February the Court of Appeal gave judgment in the Game Station case (Jervis -v- Pillar Denton and Others). It affects the way that rent is treated in an administration.
Bringing an administration to an end: Considerations for administrators
A recent opinion by Lord Hodge in the Court of Session has clarified an administrator's powers and duties in cases where they wish to bring an administration to an end.
IT contracts: Dealing with the risk of supplier insolvency
The collapse of systems integrator and reseller 2e2 in January has highlighted the danger for clients of companies such as 2e2, and focuses attention on how to deal with this type of situation.
VTB v Nutritek: Preserving the corporate veil?
The corporate veil principle - that a company has a separate legal personality from its members - is a long established and fundamental element of English company law. It operates to keep a company's liability separate from those who control it.