Welcome to the latest edition of our Insolvency Bulletin. In this edition the Trowers' Insolvency team looks at some interesting recent decisions from which there are a number of practical lessons to be learned.
Martyn Kolankiewicz and Simon Banks discuss a matter in which they successfully acted for an applicant seeking an administration order against a foreign company, setting out when the Court will conclude that a company's COMI is elsewhere than where its registered office is located. Adam Berman considers current trends in costs recovery when office holders engage in litigation, and Katie Farmer looks at challenges to voluntary arrangements and particularly the Court's guidance around timely production of information.
Other recent decisions of interest include Re Yurov [2022] EWHC 2112 (Ch), covered by James Lancaster which concerns inadvertent waiver of privilege by office holders, Rebecca Lawrence considers Bastholm and others v Peveril Securities (Dalton Park Retail) Ltd [2023] EWHC 438 (Ch), regarding contractual interpretation where one party becomes bankrupt, Harvey Lavis outlines two decisions on mental health breathing space moratoriums in Kaye v Lees [2023] EWHC 152 (KB) and [2023] EWHC 758 (KB), and Robyn Engstrom explains how office holders may be able to look to a director's pension fund in enforcement of judgments against them following the decision in Manolete v White [2023] EWHC 567 (Ch).
If you have any suggestions or requests for future editions of the Trowers Insolvency Bulletin, please get in touch with one of the team.
Click the links below to view our latest insights and news:
- Administration Orders for Foreign Registered Companies - Rebutting the Presumption on a Debtor's COMI
- Litigation costs for office holders – dealing with interim applications
- Voluntary arrangements – encountering challenges
- Trustees deemed to have waived privilege
- Trustee in Bankruptcy – your role in court proceedings
- Breathing Space Moratoriums
- Can a court compel a judgment debtor to drawdown his pension benefits to pay a judgment debt?
