Author Archives: zafarrafiq
Tips-Get Paid on Time
The perpetual struggle to ensure customers pay their invoices on time is disproportionately debilitating for small and medium-sized enterprises (“SMEs”), especially in adverse economic conditions when budgets are squeezed and access to finance is limited. However you can employ a … Continue reading
Sale & Leaseback -Intention to Defraud Creditors
Delaney -v- Chen [2010] EWHC 6 (Ch) An appeal was made by Delaney following the Court’s decision that the sale and leaseback of a property he had purchased from the sellers at a price substantially lower than the unencumbered freehold … Continue reading
Insolvency Set-Off-Future Debts
Re Kaupthing Singer and Friedlander Ltd (In Administration) [2010] Under rule 2.85 of the Insolvency Rules 1986, where an administrator proposes to make a distribution, any sums due from the creditor to the company must be set-off against any sums … Continue reading
Successive Notices of Intention
Re Cornercare Ltd [2010] The directors of C applied to court seeking permission to appoint an administrator out of court in circumstances where they had previously filed a notice of intention to appoint but the appointment had not been made … Continue reading
Ineffective ROT Clauses
B S Sandhu t/a Isher Fashions UK v Jet Star Retail Ltd t/a Mark One) & Others [2010] I supplied clothing to J under I’s standard terms and conditions which included an “all monies” ROT clause. The contract also gave … Continue reading
Inaccurate Statutory Demand Consequences
Agilo Ltd v William Henry [2010] H was a director of L. AMF provided L with a loan facility through its agent, AUK. H gave a personal guarantee for the liabilities of L to AMF. AMF and AUK were all … Continue reading
Signing Documents
Much publicity has recently been given to the High Court case of R (on the application of Mercury Tax Group Ltd and another) v HMRC & Others [2008] EWHC 2721 (“Mercury”). The decision in this case led to a period of … Continue reading
Prepacks-It’s better than nothing
Pre-pack administrations may offer the best outcome for unsecured creditors Question I am a trade creditor of a company with several retail outlets (Old Co) that went into administration two weeks ago. The administrator has informed me that Old Co’s … Continue reading
If You Occupy It You Must Pay For It !
Rent and other liabilities can be payable as administration expenses Question Following Goldacre (Offices) Ltd v Nortel Networks (UK) Ltd (in administration) [2009] to what extent can a landlord claim post-administration rents and other lease charges as an expense of the … Continue reading
Set off -Elle Macpherson Wins
Individuals and businesses who borrow mortgages through a nominee company will get clearer rules on their legal standing, after a case ruling involving former model Elle Macpherson. The Isle of Man High Court delivered a verdict on her case that could … Continue reading