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High Court consider financial assistance and special resolution error relating to scheme of arrangement – Re Uniq plc, High Court

29 June 2011 | Simon Weinberg

Under section 678(1) of the Companies Act 2006 (CA), it is unlawful for a public company or its subsidiaries to give financial assistance to any person acquiring, or proposing to acquire, shares in that...

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TUPE and pre-pack administrations: EAT admits it got it wrong…

24 February 2011 | Michael Delaney

The long-awaited EAT decision in OTG Ltd v Barke and ors and four other cases has finally been handed down. The EAT heard five appeals that all looked at the same point: does administration under Schedule...

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Insolvency statistics in Q4 2010 published today by the Insolvency Service

4 February 2011 | Mark Tempest

Insolvency statistics in the fourth quarter of 2010 were published today by the Insolvency Service. Corporate insolvencies across the board were down on the same period last year: compulsory liquidations...

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OFT proposes greater powers for landlords in insolvencies

2 August 2010 | Laura Seaman

The Office of Fair Trading (OFT) has published a report recommending far-reaching reforms of the corporate insolvency regulatory regime. In the report, the OFT said that landlords, as unsecured creditors,...

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Third Parties (Rights Against Insurers) Act 2010

7 June 2010 | Christina Fitzgerald

On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 (“the Act”) received royal assent and became law in England and Wales.  The purpose of the Act was to introduce reforms to...

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Personal insolvencies hit new high… but corporate liquidations fall

14 May 2010 | Christina Fitzgerald

According to new Insolvency Service figures, the number of people in England and Wales becoming insolvent rose to a new high in the first three months of 2010. A total of 35,682 people became insolvent...

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EU Solvency II rules delayed

14 May 2010 | Christina Fitzgerald

The EU commissioner for financial services has announced that the introduction of the Solvency II framework will be delayed by two months. Solvency II, which is the new solvency regime for all EU insurers...

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Changes to Insolvency Legislation

6 April 2010 | Mark Tempest

Important changes to the conduct of insolvency proceedings come into force today, introduced by The Insolvency (Amendment) Rules 2010 and Legislative Reform (Insolvency) (Miscellaneous) Provisions Order...

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Administration (COMI and form of appointment): In the matter of Kaupthing Capital Partners II Master LP INC (2010)

6 April 2010 | Mark Tempest

This new case (Ch D (Proudman J) 31.3.2010) concerns a limited partnership whose registered office is in Guernsey. The Court was asked to decide two issues: (1) the location of the partnership's centre...

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Practical Update on Extending Period of Administration

6 April 2010 | Oonagh Kenneally

Since the implementation of the Enterprise Act 2002 the administration of a company will only last for 12 months. The administrators can apply once to certain creditors of the company for a 6 month extension....

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