McPherson’s Law of Company Liquidation
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Author: Professor Andrew R Keay
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Format: Book
Status: Live on Westlaw UK

Preliminary Pages
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  • Provides a thorough introduction to the history of company liquidation in the context of English and Australian law
  • Takes the reader through the stages of company liquidation and official requirements, from notification to closure of company accounts
  • Offers illustrated support materials to help guide you through the process of company liquidation
  • Offers comparative models of company liquidations legal systems
  • Examines the various means and modes by which a company can be wound-up, including in depth analysis at a general level of: creditors, court and members’ winding up procedures
  • Dedicated chapters to each form of winding – up, detailing their intrinsic qualities, principles, statutory procedures (including demands), principles of restraint, refusals of orders
  • Provides chapters on the dramatis personae involved in any liquidation process, including ‘what to expect’ and when/where to involve certain professionals
  • Goes through the highly nuanced, old and new, case law against the backdrop of rapid developments since 2009
  • Discusses the full implementation of the Companies Act 2006 where it relates to liquidations and related areas,
  • References important precedent material available through Insolvency Service/Company House/BIS
  • Detailed chapter on corporate misconduct, dealing with the highly relevant area of corporate criminal liability against the backdrop of the fiduciary and legal obligations of the company towards individuals, individuals who represent the company, employees and shareholders
  • Provides an extremely detailed analysis of remedies and effects of liquidation on the company, its various organs
  • Addresses the changed scenery post 2009
  • Analyses the essential case law of the UK and Commonwealth jurisdictions, and Australia in particular

New to this edition:

  • Includes references to updated UK and Commonwealth case law, and Australia in particular
  • Analysis and synthesis of existing areas in light of new case law, such as the decision in The Commissioners for HMRC v Rochdale Drinks Distributors Ltdin relation to provisional liquidation and the decision in Re JT Frith Ltd in relation to the “prescribed part” in section 176A
  • Much expanded treatment of the insolvency aspects of liquidations, with greater analysis of elements of the EC Regulation on Insolvency Proceedings 2000 and the Cross-Border Regulations 2006 and relevant case law, including decisions of the Court of Justice of the European Union
  • Reference to and consideration of the changes to the Insolvency Rules and in particular the Insolvency (Amendment) Rules 2010 (SI 2010/686), which have led to critical changes in the practice of liquidation law
    Consideration of the anti-deprivation principle and the Supreme Court decision in Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Ltd
  • Expanded consideration of the tests of insolvency and discussion of the Supreme Court decision in BNY Corporate Trustee Services Ltd v Eurosail – UK 2007-3BL plc and how it affects the practice of liquidation law