Articles
First published: Insurance Day
24 November 2011
In what may prove to be an important decision, directors of an FSA-authorised firm have successfully taken the regulator to Court on an application for judicial review. The Courts had previously shown marked reluctance to allow such applications. Alex Booth explains.
By Tim Goodger and Ed Stanley
First published: EM Website
5th February 2010
“We can see no basis…for the view that ‘creditor democracy’ operates only where ‘failure to agree would ruin it for all’.” The Lord President
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Author: Tim Goodger
First published: mEMo Edition 40
15th December 2009
The debate as to whether claims in respect of client trust accounts, held by an insolvent entity, can be the subject of a scheme of arrangement or whether distribution of those monies can only be effected under the CASS rules has come to a final resting place, at least for now.
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Author: Tim Goodger
First published: EM Website
16th October 2009
Tim discusses the recent High Court decision involving Lehman Brothers International (Europe) which addresses the question of whether trust claims against a company (where it has constituted itself as trustee) can be the subject of a scheme of arrangement under Part 26 of the Companies Act 2006.
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First published: Elborne Mitchell Website
30th September 2009
A pre-negotiated sale of all or part of a business or assets owned by a company immediately on the appointment of an administrator, where a company is in the twilight of insolvency, – “a pre-pack” – has become a much-used tool in this current economic downturn. But what in fact do pre-packs achieve and is there another option that businesses and insolvency practitioners should consider?
Author: Tim Goodger
First published: Elborne Mitchell website
17th September 2009
Tim Goodger looks at the recent decision on the hearing of The Scottish Lion Insurance Company Limited’s application for the sanction of a solvent scheme of arrangement
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