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Articles by Alaric Watson
In The Court's Control Of Office-Holders
This year has seen a development in insolvency law that will be welcome to every insolvency practitioner (IP): a further tightening of the already restrictive circumstances in which the court will intervene under the Insolvency Act 1986 (IA 1986) to control the decisions of office-holders.1 Two landmark decisions were decided, both arising out of the bankruptcies of a Mr and Mrs Brake: Patley Wood Farm LLP v Kicks2 in the Court of Appeal (Patley Wood) and Brake v Chedington Court Estate Ltd3...
Court Control of Office-Holders: Applying the Brakes?
Home > Court Control of Office-Holders: Applying the Brakes? Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch.
Court Control Of Office-Holders: Applying The Brakes?
Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch.
Tightening The Purse Strings: The Extension Of The FRC Regime (Video)
The extension of the Fixed Recoverable Costs (FRC) regime is the biggest amendment to the CPR since the Jackson reforms a decade ago. They will have major implications for access to justice, the economics of civil litigation for parties, and the strategic battlefield which litigators will operate within. In this seminar, out speakers discussed the changes to the rules, their implications for litigants, and they will highlight some potential pitfalls for the unwary. Watch the recording below.
CDR/Insolvency Series: Entering The Twilight Zone: Directors' Duties In The Run Up To Insolvency (Video)
In this webinar, Alaric Watson, Oliver Hyams and Mark O'Grady consider the important aspects of the duties of directors and the claims against them from solvency through the twilight zone and into insolvency. Watch a recording of the webinar below. CDR/Insolvency Series: Entering the Twilight Zone: directors' duties in the run up to insolvency from Gatehouse Chambers on Vimeo.
Insolvency Team - Recent Insolvency Case Update - Insolvency/Bankruptcy/Re-structuring - UK
To print this article, all you need is to be registered or login on Mondaq.com. These case summaries first appeared in LexisNexis' Insolvency Case Alerter. They represent some of the more interesting insolvency decisions to have been published recently.
Shutting Pandora’s Box | Lexology
Insolvency Set-Off and Construction Contract Adjudications in light of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (electrical) Ltd; Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27 Ever since 31 July 2018, when Fraser J handed down his judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC), many of those involved in either insolvency or construction have been in a state of confusion tinged...
Key changes in new Practice Direction: Insolvency Proceedings (2018) | Lexology
The long-awaited new Practice Direction – Insolvency Proceedings (PDIP), which came into force on 25 April 2018, has now brought procedure into line with the changes introduced by the significant amendments to the Insolvency Act 1986 (the Act) introduced last year and the Insolvency (England and Wales) Rules 2016 (IR 2016), as amended.
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