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If you go down to the Court today: filing of Notices of Intention to Appoint Administrators

22 March 2011 | Carolyn Jones

Those familiar with the routine of filing NOIs and subsequent Notices of Appointment may be in for a big surprise next time they go to Court. The current Court practice (a very recent development) is...

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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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Charging orders

30 December 2010 | Karen Jacobs

A creditor obtained a charging order over a property based on a judgment in which a company had been ordered to pay £11,500 in costs. In addition, the company had been ordered to pay into court the sum...

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Automatic termination of indemnity upon insolvency event breaches anti-deprivation rule – Mayhew v King, High Court

11 June 2010 | Paul Gershlick

T agreed to indemnify M in a contract in relation to some particular litigation that may be brought against M. The agreement said that the indemnity would automatically end if M suffered any insolvency...

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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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Administrators beware (but good news for landlords)

9 March 2010 | Mark Tempest

In Goldacre (Offices) Ltd v Nortel Networks UK Ltd (in administration) [2010] All ER (D) 54 (Jan), the respondent company held two long leases over properties of which the claimant was the landlord. During...

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