Guaranteed Failure, the case of Peter Dunn and Kostas Kazolides
The case of Peter Dunn v Kostas Kazolides [2025] EWHC 2212 (Ch) addresses interesting questions about limitation periods, insolvency, the formal requirements for the execution of deeds, and how variation to the contract between the principal debtor and creditor may discharge a guarantor. Mr Dunn, a former chartered accountant and insolvency practitioner, claimed nearly £9m […]
Case Analysis: Marcus v Marcus [2025] EWHC 1695 (Ch) – LexisNexis EXC0013794
James Anson-Holland is featured in the latest edition of LexisNexis for his analysis of Marcus v Marcus [2025] EWHC 1695 (Ch). The case considers the meaning of ‘children’ as a class of beneficiaries, with the High Court emphasising the importance of context when construing such terms. The full article is available via LexisNexis here. (subscription […]
“The Delorean versus the Polo”
Andrew Brown is featured in the latest edition of LexisNexis Corporate Rescue & Insolvency Journal for his article on “The Delorean versus the Polo”: the respective impacts (or non-impact) of 2020’s introduction of the Corporate Moratorium under Pt A1 and the Mental Health Breathing Space Moratorium. The full article is available via LexisNexis Corporate Rescue […]
“Make-whole” clauses under Ch 11 and Pt 26A restructuring plans
Matthew Weaver KC and Andrew Brown analyse “make-whole” clauses under Chapter 11 and Pt 26A restructuring plans. In the July 2025 edition of the Journal of International Banking and Financial Law, Matthew Weaver KC and Andrew Brown provide a comparative analysis of the treatment of “make-whole” clauses in US Chapter 11 proceedings and under English […]
An insolvency office-holder’s guide to fraud and asset recovery claims
Zachary Kell has been featured on LexisNexis for his practice note ‘An insolvency office-holder’s guide to fraud and asset recovery claims’. The full article is available via LexisNexis here. (subscription required)
To Release or Not to Release: Recent Trends in Restructuring Releases from Thames Water and the Americas
Matthew Weaver KC and Andrew Brown recently featured in LexisNexis Corporate Rescue and Insolvency Journal for their article ‘To Release or Not to Release: Recent Trends in Restructuring Releases from Thames Water and the Americas’. In this article Matthew and Andrew cover the recent appeals regarding the restructurings of both Thames Water in the United […]
Assisted suicide: compromising forfeiture applications
Can beneficiaries disapply the forfeiture rule by agreement? In Re Peace (2025, unreported), the court held that where all adult beneficiaries are competent and together entitled to the entire estate, they may direct the personal representatives to administer it without regard to the forfeiture rule. Justin Holmes of Radcliffe Chambers, instructed by Jan Atkinson at […]
Direct-action protest – do you need to consider injunctive relief?
Natalie Pratt recently feature in the Local Goverment Lawyer for her article on ‘Direct-action protest – do you need to consider injunctive relief?’ In this article Natalie looks at what local authorities and other organisations can do to prepare for direct-action protests. Read the full article here.
Servis-Terminal v. Drelle: a dissenting view
Josh Lewison has recently featured in Corporate Rescue and Insolvency for his article on The Court of Appeal refusing permission to appeal in Servis-Terminal v. Drelle. In this article Josh explores the potential implications of the decision and the issues it raises for cross-border insolvency practice. Read the full article here.
Settling the correct approach to the annual review of Traveller injunctions
On 9 May 2025, the High Court conducted the annual review of the injunction against Persons Unknown in the Test Valley Borough Council case. In doing so, the Court grappled with the important question of which test should be applied at a review hearing, there having been a divergence of authority on the point. Natalie […]
