A curious thing happens when a director believes his company is about to be insolvent. Whereas the legal obligation of the director up to this point has been to promote the best interests of the company (Companies Act 2006, section 172) his priority must then change to considering the best interests of creditors. This can […]
Being told that you are about to be disqualified from acting as a company director is not a happy day. Where the Insolvency Service recommend to the Secretary of State for your disqualification to act as a company director they should required to write to you and tell you about this. Section 16 (1) […]
As the world becomes ever more connected, with global trade flows at an unprecedented rate, and assets held by individuals and corporations in jurisdictions all over the world, the issue of how to enforce court Judgements obtained in foreign courts in England is an ever more pertinent question. The starting point in dealing with this […]
Directors of insolvent companies must exercise extreme caution when re-using either the corporate or trading name of a company that has just gone into insolvent liquidation. Directors face the risk of claims being made against them by liquidators for personal liability in respect of the debts of NewCo, and/or the prospect of criminal charges. […]
The British public will shortly decide whether the future of this nation lies outside or within the European Unuion (“EU”). To those people who endorsed the UK entry to the EEC in the 1975 referendum the whole essence of Europe (whether in its original form of the EEC and later the EU) was all about […]
English Law and its support of Arbitration What is Arbitration? Arbitration, is a form of alternative dispute resolution (ADR). It is a technique for the resolution of disputes outside the mainstream court system. The parties to a dispute refer it to arbitration, and agree to be bound by the arbitration decision. A third party reviews […]
It is not uncommon for legal disputes to arise on the death of a loved one, not least in relation to the funeral arrangements for the deceased. English law has developed a set of principles and rules that are often at odds with the expectations of the bereaved. It can be necessary to consult with […]
A Private Examination can be a daunting process. A Liquidator has a power to apply to the court to conduct a Private Examination. See here s.236 Insolvency Act 1986. Upon the insolvency of a company an office-holder, such as Liquidator, may make an application to court, to summon before it any officer or any person […]
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