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Asertis Ltd & Anor v Melhuish & Ors [2024]

Does the assignment by an office-holder under s 246ZD Insolvency Act 1986 carry with it the right to make use of documents obtained by the office-holder under s 236 in … Read more →

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Maxima Creditor Resolutions Ltd v Fealy & Anor [2024]

Section 216 Insolvency Act 1986 provides that a person who has been a director of a company at any time in the 12 months before it goes into insolvent liquidation … Read more →

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Re A Company [2024] EWHC 2656 (Ch) – Wedlake Bell appear for successful applicant in case where company resisted winding up proceedings

CC Judge Burton’s judgment in Re A Company [2024] EWHC 2656 (Ch) deals with an issue that is commonplace in winding up proceedings, namely whether a company resisting winding up … Read more →

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Dos Santos v Unitel SA

The judgment of the Court of Appeal in Dos Santos v Unitel SA [2024] EWCA Civ 1109 contains, among other things, important new guidance on the test to be applied … Read more →

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ISG Administration Frequently Asked Questions (FAQs)

Contents What has happened? What is an administration? Am I affected? Will I get paid? Might I be paid by the ultimate employer or funder? What should I do now?… Read more →

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Insolvency Partner comments for FT Adviser – What Sipp providers and advisers can learn from Hartley collapse

In this article for FT Adviser, Insolvency Partner, Robert Paterson spoke with the FT Advisor regarding the Hartley Pension Saga. With Hartley’s story serving as a reminder to prioritise thoughtful … Read more →

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Wedlake Bell and MHA succeed in claim against disqualified former director of Lime & Black BPS

Disgraced insolvency practitioner Kiran Mistry was found to have been acting as a de facto director of Lime & Black BPS while disqualified. City firm Wedlake Bell has successfully obtained … Read more →

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Broom v Aguilar

Although an insolvency case, the judgment of His Honour Judge Paul Matthews, sitting as a High Court Judge, in Broom v Aguilar [2024] EWHC 1764 (Ch) deals with a service … Read more →

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Hellard v OJSC Rossiysky Kredit Bank

The judgment of Nicholas Thompsell, sitting as a Deputy High Court Judge, in Hellard & Ors v OJSC Rossiysky Kredit Bank & Ors [2024] EWHC 1783 (Ch) deals with three … Read more →

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Sian Participation Corp v Halimeda International Ltd

In December 2012, Halimeda International Ltd lent $140m to Sian Participation Corp. The loan agreement provided that any claim, dispute or difference of whatever nature arising under, out of or … Read more →

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Re Consort Healthcare

Restructuring Plans: should an opposing creditor be granted security for costs? Might that open the floodgates where companies are by definition “distressed,” or was this particular Plan more akin to … Read more →

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Keeping the lights on – How can you keep control of your property during debt enforcement?

Your control of operations depends on your ability to service your debt The biggest risk of losing control of your property is usually defaulting on your loan and watching the bank appoint … Read more →

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Wade & Anor v Singh & Ors [2024] EWHC 1203 (Ch)

Deputy ICC Judge Curl KC’s judgment in Wade & Anor v Singh & Ors [2024] EWHC 1203 (Ch) follows applications by the liquidators of MSD Cash & Carry plc to … Read more →

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Sriram v Revenue & Customs & Anor

ICC Judge Mullen’s judgment in Sriram v Revenue & Customs & Anor [2024] EWHC 853 (Ch) follows an application by the bankrupt, Ms Sriram, to annul a bankruptcy order made … Read more →

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Frances Coulson, Head of Restructuring and Insolvency, is inducted into the IWIRC Hall of Fame

The IWIRC has added Frances Coulson into its Hall of Fame in recognition of accomplishments throughout her career The International Women’s Insolvency & Restructuring Confederation [IWIRC] has inducted City firm … Read more →

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Reid-Roberts & Anor v Mei-Lin & Anor

Reid-Roberts & Anor v Mei-Lin & Anor (Re Audun Mar Gudmundsson (a Bankrupt) [2024] EWHC 759 (Ch) was an unusual case resulting in an unusual application of the exceptional circumstances … Read more →

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Kendall & Anor v Ball & Anor (Re Sherwood Oak Homes Ltd – Sherwood Oak Holdings Ltd)

ICC Judge Greenwood’s judgment in Kendall & Anor v Ball & Anor (Re Sherwood Oak Homes Ltd – Sherwood Oak Holdings Ltd) [2024] EWHC 746 (Ch) arises out of an … Read more →

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Frost v Good Box Co Ltd remuneration

Jeremy Charles Frost & Anor v The Good Box Co Labs Ltd & Ors [2024] EWHC 422 (Ch) is a rare case about office-holders’ remuneration that raises some interesting points, although … Read more →

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Zhang Zhenxin (Deceased); Eternity Sky Investments Ltd v The Estate of Zhang Zhenxin (Deceased) and Anor

The judgment of Chief ICC Judge Briggs in Re Zhang Zhenxin (Deceased); Eternity Sky Investments Ltd v The Estate of Zhang Zhenxin (Deceased) and Anor [2023] EWHC 2744 (Ch) is … Read more →

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Re LYHFL Limited

Re LYHFL Limited 02 / 11 / 2023 LinkedIn Twitter Email class=”svg svg-printer” target=”_blank”> Print The judgment of David Halpern KC, sitting as a High Court judge, in Re LYHFL … Read more →

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Bridger & Co Ltd v Specialist Lending Ltd

In Bridger & Co Ltd v Specialist Lending Ltd (t/a Duologi) [2023] EWHC 2562 (Ch) Deputy ICC Judge Curl KC dismissed an application for an injunction to restrain Specialist Lending … Read more →

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Lemos v Church Bay Trust Company Limited

Joanne Wicks KC’s judgment in Lemos & Ors v Church Bay Trust Company Ltd & Ors [2023] EWHC 2384 (Ch) deals with a claim under s 423 Insolvency Act 1986 … Read more →

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Pure Zanzibar Ltd

In Secretary of State for Business, Energy And Industrial Strategy v Barnsby [2022] EWHC 971 (Ch) ICC Judge Barber imposed a seven year disqualification period on the defendant arising out of … Read more →

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Prezzo Investco Ltd

The application before Richard Smith J in Re Prezzo Investco Ltd (Re Companies Act 2006) [2023] EWHC 1679 (Ch) was for sanction of a restructuring plan between the company and certain … Read more →

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Brake & Anor v The Chedington Court Estate Ltd

Litigation between Mr and Mrs Brake, Axnoller Events Ltd and various other parties has been the subject of a significant number of judgments covering a wide range of legal issues.… Read more →

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PACCAR Inc & ors v Competition Appeal Tribunal & ors

In 2016 the European Commission found that a number of European truck manufacturers, including DAF, had infringed competition law. The Road Haulage Association Limited and UK Trucks Claim Limited applied … Read more →

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Law Commission Consultation on the Electronic Execution of Documents

As technological advances have an increasing impact on every aspect of our business and personal interactions, it is important that the law remains relevant as technology and practice evolves. The … Read more →

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Trying to lighten the twilight zone: Insolvency and corporate governance proposals

On 20 March 2018 the UK Department for Business, Energy and Industrial Strategy published a consultation seeking views on proposals to improve the governance of companies when they are in … Read more →

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Reduce your chance of becoming ac-customer-ed to an insolvent client

Carillon is dead. There are rumours of more to follow. Outside the construction industry, these difficulties could be a useful wake up call to ensure you are well prepared. Here … Read more →

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“Nobody expects the Spanish Inquisition”

Monty Python may not have expected the Spanish Inquisition but a more inquisitive approach to an acquisition can be business saving. The scenario A successful overseas company acquired a majority … Read more →

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Notice of Intention to Appoint – ‘strong and stable’ guidance from the Court of Appeal

The Court of Appeal has recently had the opportunity to provide some certainty in relation to when it is appropriate to file a Notice of Intention to Appoint an Administrator … Read more →

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No Variation clauses – are they cast iron?

The Court of Appeal decision of Globe Motors and others v TRW Lucas and others considered the effectiveness of no variation clauses which we so often see in contracts. These … Read more →

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First Female Senior Partner

Wedlake Bell is pleased to announce that Kim Lalli has been elected as the firm’s Senior Partner. This will be for a four year term that begins on 1st January … Read more →

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Agent Provocateur and Mike Ashley – a risque business?

The luxury lingerie business Agent Provocateur was recently sold for around £30m by its private equity owners 3i, in a controversial pre-pack administration to Mike Ashley, the billionaire behind Sports … Read more →

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It’s now even Harder for a Trustee to get Relief from Ancillary Relief

The case of Sands v Singh has recently clarified but narrowed the circumstances in which a trustee in bankruptcy can challenge an order or financial settlement made in divorce and … Read more →

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The PSC Register : A helping Hand to Recovering Assets into the Estate?

From April 2016, companies will be required to maintain a register of persons with significant control (“PSC”) over that company. That means formally documenting details of who exercises control or … Read more →

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Licence to terminate?

An analysis of the recent case of Lazari Investments v Saville where the court allowed a landlord to forfeit its lease despite apparent value to the administrators being lost. Landlords … Read more →

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It’s a Happy Christmas to Crooks and Dodgy Directors

The Minister of State for Civil Justice has announced that the LASPO exemption of insolvency litigation will come to an end on 1 April 2016. This means that office holders … Read more →