Insolvency

This important new book is written in practical language and clearly set out, allowing you to find the answers you need quickly and confidently, saving you valuable time. Scottish Debt Recovery: A Practical Guide will become the indispensable text for solicitors, credit controllers and insolvency practitioners, making it possible to source the relevant legal

information and remedies to assist with successful debt recovery using the Scottish legal process.

The Scottish Law of Debt has been substantially updated sincethe 2nd edition of Wilson on Debt in 1991. It now takes account ofthe many changes in the law relating to personal and corporate insolvency overthe last few years. These have resulted in many new procedures forsequestration and new opportunities for corporate rescue. Diligence has alsoseen many changes, with many old diligences, such as poinding, being swept awayand new ones, such as money attachment, with complex new procedures, replacingthem. 

The 19th edition of Kerr & Hunter on Receivers and Administrators sets out the legal principles, explains the legislation and interprets the relevant case law. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It:

  • Includes the developments of the UNCITRAL Model system in both the EU and US
  • Gives you the latest rulings and case study material on Cross Border Insolvency in respect of EU regulations
  • Discusses the rulings of the Spectrum case and its impact on the ‘charge on book debts’ jurisprudence
  • Illustrates potential judicial conflicts within the practice area of administration
  • Discusses the Proceeds of Crime Act 2002 including the abolition of the Assets Recovery Agency and transfer of its main civil recovery functions to the Serious Organised Crime Agency
  • Considers development in relation to the ‘prescribed part’ for the unsecured creditors in receivership and administration
  • Contains a full exposition of the law and practice of administrative receivership as it applies in Scotland
  • Includes a comprehensive account of the highly important taxation position in both receivership and administration

As the definitive work on corporate insolvency, providing all the necessary explanation and analysis in this area, Insolvency:

  • Provides extensive coverage, including everything from basic introductory material to detailed advice on specific aspects of insolvency
  • Packages source material to show how the cold print of insolvency law and subsequent rules operate in daily practice
  • Offers workable solutions to everyday problems
  • Includes commentary on such complex areas as the disqualification of directors, wrongful trading, voluntary arrangements, appointment of administrators, and antecedent transactions
  • Discusses the Government Insolvency Service with special contributions from the Department for Business Enterprise and Regulatory Reform
  • Contains all the important source material – statutes, statutory instruments, guidance notes, forms, practical instructions, tables of destinations, derivations and special definitions
  • Reflects the continual flow of changes and developments affecting insolvency law and practice through an efficient updating service

The title offers solutions to the legal problems you commonly face in this area. It gives you an overview of the subject, examines its historical development and explains the concept of insolvency

BE IT PERSONAL INSOLVENCY…

  • Outlines the law of bankruptcy, including the alternatives available
  • Takes you through the steps of a bankruptcy petition
  • Highlights the consequences of a bankruptcy order, including the effects on property and the distribution of assets
  • Examines the special criminal offences which are applicable to bankrupts

…OR CORPORATE INSOLVENCY

  • Looks in depth at the winding up of insolvent companies
  • Contains a chapter on Receivers, outlining the appointments and addressing the general issues encountered
  • Covers the procedures for corporate rescue, including company voluntary arrangements and administrations
  • Highlights problems commonly encountered in insolvency liquidations

…IT’S GOT IT ALL COVERED

    • Deals with international insolvency and the regulation of cross-border insolvency
    • Incorporates over 150 new cases – many at House of Lords and Court of Appeal level
    • Explains the consequences of the EU Regulation on Insolvency Proceedings
    • Refers to all legislation affecting this area, including the Human Rights Act 1998, Insolvency Acts

1986 and 2000, and the Enterprise Act 2002 • Includes a new chapter covering the Cross-Border Insolvency

  • Regulations 2006, enacting the UNCITRAL Model Law
  • Offers insolvency statistics in the appendices

This long-established legislation handbook provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation.

  • Provides up-to-date commentary on the Insolvency Acts and rules as well as wealth of other, selected statutes.
  • Examines the case law as it relates to the provisions of the various acts.
  • Includes detailed commentary on all essential legislation

Muir Hunter on Personal Insolvency is the definitive reference work on personal insolvency. Containing the full text of all relevant legislation and insolvency rules, and reporting all relevant judgments, it provides comprehensive answers to the often-asked questions on this area.
* A complete picture of the law as it stands
* Expert interpretation of legislation, case law and court decisions
* Three yearly updating releases inform subscribers of the latest developments in personal insolvency
* Updated material to keep subscribers informed of the changes to personal insolvency legislation

In the coming months there will be covering in the work of numerous changes and developments, including:

– Proposals implemented following consultations by the Insolvency Service on reforming debtor petitions (including: removal of court involvement from certain petitions and ‘in personam’ hearings)
– Proposals implemented following consultations by the Insolvency Service on reforming debtor petitions (including: removal of court involvement from certain petitions and ‘in personam’ hearings)
– Inclusion of materials relating to the recently implemented Enforcement Restriction Orders. By such orders a debtor would be eligible for court protection to stop repaying debts providing he can demonstrate, by the end of court protection, that there would be a reasonable expectation that a payment plan could be entered into. This is a significant change to the current status and, when formally introduced, will be the subject of swift judicial consideration.
– Further implementation of proposals dealing with debt and borrowing implemented by the Insolvency Service with a focus on the further use of debt relief orders.
– Commentary affected by implementation of the Third Parties (Rights against Insurers) Act 2010 making it easier and less expensive for a third party claimant to recover compensation from the insurer of a defendant without first having to institute proceedings against the insured. These changes will affect liability insurers and insurers pursuing subrogated recovery actions.  Principally an insurance legislation, the effects on underwriters and, therefore, insolvency should be of interest to our readership.

  • 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

Lightman & Moss: The Law of Administrators and Receivers of Companies is known as the authority on the law relating to administrators and receivers. It is considered a must have for any practitioner dealing with corporate insolvency matters.
This new edition offers clear guidance on the procedures involved in the duties, liabilities and appointments of receivers and administrators. As well as discussing the issues surrounding trading, disposals, reorganisation, liquidation and receivership.
To ensure you have all the information you need in one reliable source, this edition offers a complete guide to every aspect on this complex area of law.
There have been significant changes since the last edition, including the introduction of the Legislative Reform (Insolvency) Order (Miscellaneous Provisions) Order 2010 which amends the Insolvency Act 1986 and the Insolvency (Amendment) Rules 2010. Both of these acts and developments have been covered in this edition.
It also takes full account of the major developments in cross-border matters, both at common law and also under European Insolvency Regulations and UNCITRAL Model Law. Key cases such as the decision of the House of Lords in the HIH case; Privy Council in the Cambridge Gas case, and those of the Court of Appeal in the Stanford and Rubin case are highlighted. Specifically to discuss the possible implications and developments from these decisions.

The new supplement updates the law fully since the publication of the 5th edition: 

  • New system of registration of company floating charges under the Companies Act 2006 (amendment of part 25) regulations 2013
  • Supreme Court decisions in BNY Corporate Trustees Ltd v Eurosail, and the Nortel decision

Offering specialist commentary and opinion Directors’ Disqualification and Bankruptcy Restrictions:

  • Provides background on the CDDA and its impact
  • Examines the core provisions relating to disqualification for unfit conduct
  • Considers the commencement of disqualification proceedings and the concept of unfit conduct
  • Illuminates the application of the CDDA to competition law infringements
  • Gives guidance on civil disqualification proceedings, including the application process, conduct before and duringproceedings, evidence and costs
  • Discusses commencement of section 6 proceedings out of time
  • Covers termination without a full trial for civil disqualification cases with particular emphasis on disqualification undertakings
  • Provides insight into the different grounds of directors disqualification
  • Includes analysis of the bankruptcy regime and the impact of the Enterprise Act 2002 on directors disqualification
  • Covers disqualification orders and undertakings
  • Considers procedure in relation to reviews, variations and appeals
  • Examines the scope of future business activities for disqualified directors and the law and practice relating to applications by such directors for permission to engage in corporate activity
  • Reproduces relevant legislation, practice directions and guidelines for easy reference