Publications
We are experts in litigation and dispute resolution. We have a core focus on Insolvency and Restructuring. As such, here we analyse new and recent cases that are relevant to the areas to which we practice. We also publish helpful guides and various areas of our practice.
Our analysis is set out in our blog below.
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Statutory demands: the Basics
So you or your client have been served with a statutory demand. What does it mean? What are the consequences? What must I do...
Trading Health Check: Lessons from liquidations
Companies are an excellent structure to ring-fence liability for a trading enterprise. Such a structure provides that the...
Untruthful statements to a liquidator immune from civil action
Liquidators often interview persons under oath pursuant to s 261 of the Companies Act. Interviews under oath are a useful...
Parent company responsible for its subsidiary’s debts
In Lewis Holdings Ltd v Steel & Tube Holdings Ltd, the High Court held a parent company responsible to pay its...
Supreme Court puts a lid on the voidable transaction regime
On 18 February 2015, the Supreme Court determined three appeals which involved a short but important point about the...
Partially secured creditors can be at risk of claw back from liquidators
In February 2008, BB2 Holdings Limited (“BB2”) sold computer software and hardware to Doyle by Design Limited (“Doyle”). BB2...
Supreme Court disagrees that IRD have super priority
Jennings Roadfreight Ltd (“Jennings”) was placed into liquidation on 24 March 2011. At liquidation it owed the IRD...
Can a creditor position itself to evade the voidable transaction regime? Apparently so…
Maclean Computing Limited was placed into liquidation on 13 July 2012 and liquidators at Waterstone Insolvency were...
Is a shortcut to debt recovery for voidable transactions okay? Court of Appeal says yes!
The liquidators of Quantum Grow Limited at Waterstone Insolvency served a voidable transaction notice on a related company,...
Remuneration and benefits of company directors: lessons from liquidations
Directors are entitled to receive money from their company pursuant to certain legal obligations, like dividends, salary or...
Has the value of D&O insurance diminished?
Am I Covered? The real value in Directors and Officers cover is that is allows a besieged director to fall back on the...
Defining the reach of s 261 of the Companies Act 1993
Backdrop of recent authorities Section 261 of the Companies Act 1993 (“the Act”) confers on a liquidator the power to seek...