Category Archives: Uncategorized
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
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EAT- Prepack dismissal-Who picks up the liabilities ?
Important news for those buying a business out of “pre-pack” administration. The Employment Appeal Tribunal (EAT) in Pressure Coolers v. Molloy & others has clarified that where the purchaser of such a business dismisses employees that transfer under the Transfer of … Continue reading
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TUPE-Always transfers liabilities in Administration
The Transfer of Undertaking (Protection of Employment) Regulations 2006 (“TUPE 2006”) are designed to protect employees where a business (or part of it) is being sold or otherwise transferred to another business. Regulations 4 and 7 of TUPE 2006 have … Continue reading
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Validity of Administrators Appointment
In the recent case of Minmar (929) Limited and Teejinder Paul Chohan v Freddy Khalatschi and Martin John Atkins [2011] EWHC 1159 (Ch), a director of Minmar applied to the High Court of Justice Chancery Division for an order setting aside … Continue reading
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