Category Archives: news
Pre-Pack Guide
What is a “Pre-Pack” sale? A “Pre-Pack” is not a special type of insolvency procedure and no reference is made to “Pre-Pack” sales in English insolvency legislation. It is simply a term used to describe: a sale of the business … Continue reading
TUPE Transfers in Administration | An update
OTG v Barke is the most recent judgment by the Employment Appeal Tribunal (EAT) on whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as ‘TUPE’) apply to sales by companies in administration under schedule B1 to the Insolvency … Continue reading
Bribery Act Effective July 1 2011-Are you ready ?
The Government has at last confirmed that the Bribery Act 2010 will commence on 1st July 2011. The start date was delayed to await the publication of guidance by the Ministry of Justice. The guidance was published and can be … Continue reading
Keeping the Family Business !!
It is inevitable that when an individual or a family has devoted a lot of time and effort in developing their business or enterprise, they will wish to pass on the fruits of what they have achieved to the next … Continue reading
Turnaround-CVA ?
In the current economic climate most businesses will experience temporary or longer term cash flow pressure resulting in stressful trading and creditor pressure. Managing creditors within reasonable cash flow parameters is not only an essential part of business operations but … Continue reading
Challenging Guarantees -Non Disclosure
It is a sign of the times that lenders and other businesses extending credit are taking security wherever possible, and frequently that security is in the form of personal guarantees. It is equally a sign of the times that more … 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
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
Directors Beware -Disqualification
The undoubted benefits brought in by the legislation under which directors, who it is felt by the Disqualification Unit at Department of Business Enterprise are unfit as directors, can undertake not to act as a director for a period of … Continue reading