Insolvency Articles

Samuel Parsons discusses the failed application to set aside default judgment in Wards v Hendawi [2018] EWHC 1907 (Ch)

Samuel Parsons discusses the failed application to set aside default judgment in Wards v Hendawi [2018] EWHC 1907 (Ch)

Date: 1 Aug, 2018
Samuel Parsons discusses the failed application to set aside default judgment in Wards v Hendawi [2018] EWHC 1907 (Ch), in which he acted for the respondent firm.

Hugh Sims QC and Simon Passfield successfully represented the respondents in an application for security for costs in Absolute Living Developments v DS7

Date: 27 Jun, 2018
Hugh Sims QC and Simon Passfield successfully represented the respondents in an application for security for costs in Absolute Living Developments v DS7.

Court of Appeal reconsiders purpose test in section 423 claims

Court of Appeal reconsiders purpose test in section 423 claims

Date: 24 May, 2018
The CoA yesterday delivered judgment in JSC BTA Bank V (1) Mukhtar Ablyazov (2) Madiyar Ablyazov (2018).

Samuel Parsons discusses Phones 4U Limited (in administration) v EE Limited

Samuel Parsons discusses Phones 4U Limited (in administration) v EE Limited

Date: 1 Feb, 2018
Samuel Parsons discusses Phones 4U Limited (in administration) v EE Limited, which considered the availability of common law damages pursuant to a contractual termination.

Simon Passfield: Section 127 of the Insolvency Act 1986 invalidates the post-petition compromise of claims against a company

Simon Passfield: Section 127 of the Insolvency Act 1986 invalidates the post-petition compromise of claims against a company

Date: 28 Jul, 2017
The judgment arose in the context of a trial of preliminary issues relating to a misfeasance claim brought by the liquidator against a former director of the company.

LexisPSL interview: Stefan Ramel examines the various issues raised in Vinyls Italia v Mediterranea di Navigazione

LexisPSL interview: Stefan Ramel examines the various issues raised in Vinyls Italia v Mediterranea di Navigazione

Date: 5 Jul, 2017
Restructuring & Insolvency analysis: Stefan Ramel examines the various is-sues raised in Vinyls Italia v Mediterranea di Navigazione and looks at how the European Court of Justice interpreted Article 13 of the EC Regulation on Insolvency.

Richard Ascroft considers the suspension of discharge from bankruptcy - A welcome clarification?

Richard Ascroft considers the suspension of discharge from bankruptcy - A welcome clarification?

Date: 12 May, 2017
The recent decision of Nugee J in Weir v Hilsdon [2017] EWHC 983 (Ch) (04.05.17) has cast doubt on a form of order typically used to suspend a bankrupt’s discharge from bankruptcy.

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Date: 11 Apr, 2017
In a recent Property & Estate article, Daisy Brown carefully analysed the development of the equity of exoneration ("a judge-made principle of some antiquity") and concluded that it was "crying out for the higher courts to take a fresh look at how it should be applied".

Green v Wright [2017] EWCA Civ 111

Date: 14 Mar, 2017
The Court of Appeal has recently handed down its long-awaited judgment in Green v Wright [2017] EWCA Civ 111.

Stefan Ramel & John Churchill analyse the Supreme Court's recent decision on s.127 in Akers v Samba

Date: 21 Feb, 2017
The case is rare example of the country’s highest Court considering in some detail the operation of s.127 of the Insolvency Act 1986.