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ARTICLE · 15 DECEMBER 2017

Insolvency Litigation Update - December 2017

Gowling WLG
Gowling WLG
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Gowling WLG

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In our update this month we take a look at three cases that provide helpful clarification from the courts on issues ...

United KingdomInsolvency/Bankruptcy/Re-Structuring

In our update this month we take a look at three cases that provide helpful clarification from the courts on issues that will be of interest to the insolvency and fraud industry - the key message from each case confirms:

Defendant's threat of insolvency did not prevent adjudicator's decision being enforced.

The case of Bernard Sport Surfaces Ltd v Astrosoccer4U Ltd, decided in September but only recently reported, involved two applications by the claimant: (1) to enforce the adjudicator's decision made against the defendant in July 2017; and (2) to be allowed to continue with enforcement proceedings; a notice of intention to appointment an administrator having been served by the defendant.

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