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  • Article

    Virgin Part 26A Scheme

    The tension between landlord creditor rights on the one hand and corporate rescue on the other that was at the core of Zacaroli J's recent judgment in Lazari Properties 2 Ltd v New Look Retailers...
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Ingram (As Liquidator Of MSD Cash & Carry Limited) V Singh & Anor [2021] EWHC 639 (Ch)

    Judgments consequential on an earlier judgment are rarely of great interest. That of Judge Jonathan Richards, sitting as a deputy judge of the High Court, in Ingram...
    United KingdomLitigation, Mediation & Arbitration
    Moon Beever
    Moon Beever
  • Article

    Satyam Enterprises Ltd V Burton

    Satyam Enterprises Ltd v Burton & Anor was an appeal by the company (formerly JVB Five Properties Ltd) against a judgment dismissing its claim against its former director and shareholder...
    United KingdomLitigation, Mediation & Arbitration
    Moon Beever
    Moon Beever
  • Article

    Carraway Guildford (Nominee A) Ltd & Ors V Regis UK Ltd & Ors - CVA

    Hot on the heels of his judgment in Lazari Properties 2 Ltd v New Look Retailers Ltd comes Zacaroli J's decision in Carraway Guildford (Nominee A) Ltd & Ors v Regis UK Ltd & Ors [2021] EWHC 1294...
    United KingdomReal Estate and Construction
    Moon Beever
    Moon Beever
  • Article

    Bankruptcy Order Made Against Alzheimer's Disease Sufferer Overturned

    On allowing an appeal against a bankruptcy order, the High Court emphasised that if there is evidence of incapacity on the part of a litigant the procedure under CPR 21 is engaged so that a ligaon friend must be appointed.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    Cross Over Of Company Law And The Law Relating To Limited Liability Partnerships

    A Limited Liability Partnership is a separate legal entity that combines some features of a company and some of a traditional partnership.
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Defective Administration Appointments; Heading Towards Consistency

    Applications dealing with defects in the appointment of administrators continue without the final answer the insolvency professions have been waiting for...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    Re Gudmundsson - Annulment And Divorce

    Lin v Gudmundsson [2021] EWHC 820 (Ch) was an application by the debtor's ex-wife to annul a bankruptcy order made against her former husband on 26 February 2020...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    Blackpool Football Club V Cooper

    Blackpool Football Club (Properties) Ltd v Cooper & Anor [2021] EWHC 910 (Ch) deals with the circumstances in which the permission of the court is needed to bring proceedings against court...
    United KingdomLitigation, Mediation & Arbitration
    Moon Beever
    Moon Beever
  • Article

    Brake v Guy Breathing Space

    The Brake v Guy litigation has given rise to a number of judgments of no particular interest to the outside world (but if you think otherwise you can find them at [2021] EWHC 671 (Ch)...
    United KingdomLitigation, Mediation & Arbitration
    Moon Beever
    Moon Beever
  • Article

    Manolete Partners Plc V Hayward And Barrett Holdings Ltd & Ors

    Manolete Partners Plc v Hayward And Barrett Holdings Ltd & Ors [2021] EWHC 1481 (Ch) represents something of a procedural set back for insolvency litigation.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    PGH Investments Ltd v Ewing

    PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) adds to the emerging authorities on the coronavirus test in compulsory winding up, but it deals with other issues as well.
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Re Muhammed Munir (Murphy & Anor v Munir & Ors)

    The trustees' case was that they were shams, and it is in his review of the authorities on this point that the interest in ICC Judge Mullen's judgment lies.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    Pre-Packaged Sales In Insovency-Reforms

    With some inevitability, the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2020 (the "Regulations") attained Parliamentary approval [yesterday/on 22 March].
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Cassanova v Cockerton

    Cassanova v Cockerton [2021] EWHC 1688 (Ch) was an unsuccessful attempt by the former bankrupt to obtain the permission of the court to bring proceedings against her trustee.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever
  • Article

    OT Computers Ltd V Infineon Technologies AG

    The decision of the Court of Appeal in OT Computers Ltd v Infineon Technologies AG [2021] EWCA Civ 501 does not give an insolvency practitioner a free pass as regards limitation...
    United KingdomLitigation, Mediation & Arbitration
    Moon Beever
    Moon Beever
  • Article

    Claims Against Directors – An Equitable Result For The Liquidators?

    Weighing in at 494 paragraphs, Meade J's judgment in Re Equitable Law Capital Ltd [2021] EWHC 763 (Ch) covers a lot of ground, not all of which can be examined in this alert.
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Pre-pack Reforms Approved

    With some inevitability, the Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2020 (the "Regulations") attained Parliamentary approval on 22 March 2021. They will come into force on 30 April 2021.
    United KingdomCorporate/Commercial Law
    Moon Beever
    Moon Beever
  • Article

    Deloitte Wins High Court Case Against Fraudulent Director

    The Royal Courts of Justice delivered its judgement for the case of Mr Patel, a director at Payless Cash & Carry Limited. The judgement recouped just over £3.5million in favour of the company's creditors for wrongfully claimed VAT on various liquor purchases. Mr Patel was found to be personally liable for causing the company to trade fraudulently and thereby breach his duty to the company.
    United KingdomTax
    Deloitte
    Deloitte
  • Article

    Hurricane Energy Plc Failed Plan

    A restructuring plan in respect of Hurricane Energy plc under section 901F Companies Act 2006 failed to achieve court sanction in circumstances in which it was supported by 100%...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Moon Beever
    Moon Beever

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