The “cross-over” between company law and the law governing limited liability partnerships is not straightforward, so the clarification of even limited aspects of it is to be welcomed. It comes in the form of the judgment of Michael Green J in Secretary of State for Business, Energy And Industrial Strategy v Geoghegan & Ors [2021] […]
PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) adds to the emerging authorities on the coronavirus test in compulsory winding up, but it deals with other issues as well. The application before Deputy ICC Judge Passfield was for the dismissal of a winding up petition presented by Sean Ewing, alternatively for an order restraining […]
In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143 the Court of Appeal allowed an appeal against the decision of HHJ Russen ([2020] EWHC 290 (Comm)) holding Mr Cohoon and two other defendants liable for breaches of duty in proceedings brought by Fairford, a company of which Mr Cohoon had […]
On allowing an appeal against a bankruptcy order, the High Court emphasised that if there is evidence of incapacity on the part of a litigant the procedure under CPR 21 is engaged so that a litigation friend must be appointed. The failure by the first instance court in dealing with that issue meant that the […]
In Re DeepOcean I UK Ltd & Ors [2021] EWHC 138 (Ch) Trower J sanctioned a restructuring plan that had been agreed by the statutory majority in value at each of various meetings summoned but not by the statutory majority in value at the meeting of a class of “Other Plan Creditors” at which it was approved […]
Re Wasu; Edwards v Aurora Leasing Ltd & Howard de Walden Estates Ltd [2021] EWHC 96 (Ch) deals with the hitherto unconsidered question of the meaning of the word “value” in section 284(4)(a) Insolvency Act 1986. The bankrupt had been a dentist. Wasu Dental Partnership (in which the bankrupt had not been a partner) […]
You may wonder why there are relatively few bankruptcies, even though last year was dominated by the corona crisis with considerable economic repercussions. After the first moratorium, which ran until June 2020, it has become apparent that, even without a moratorium, various parties are in fact taking account of the current economic difficulties faced by […]
Lasting six days, Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 was an unusually long and complex appeal which did not fare well before David Richards, Henderson and Rose LJJ. The judgment itself runs to 495 paragraphs. The underlying litigation lasted nine years and involved three trials in which, in essence, Global Energy claimed that […]
Change of carriage of a bankruptcy petition has always been a tricky area, as Hood v JD Classics Ltd (In Administration) [2020] EWHC 3232 (Ch) demonstrates, which may be a reason why it is rarely used. In this case Michael Green J allowed an appeal from a decision of Deputy ICC Judge Jones granting change […]
Foreward by Andrew Chilvers Insolvency and restructuring legislation changed radically in all jurisdictions in the wake of COVID-19. While governments have tried to delay the number of insolvencies in the short term, most experts agree that distressed businesses will start to fail significantly later this year and into 2021. For insolvency practitioners and lawyers alike, […]
Insolvency and restructuring legislation changed radically in all jurisdictions in the wake of COVID-19. While governments have tried to delay the number of insolvencies in the short term, most experts […]
Read moreCore VCT plc, Core VCT IV plc and Core VCT V plc were investment companies. The investments were managed by Core Capital LLP and later by Core Capital Partners LLP. A Mr Fakhry and a Mr Edwards were partners in the LLPs. On 16 April 2015 the companies went into members’ voluntary liquidation. They were […]
