Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600 – Article by Matthew Weaver
In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in […]
Video: Avoiding unwanted adjournments
Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch) – Article by Matthew Weaver
In a judgment dated 17th April 2020 in Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch), Trower J determined an application for directions by the joint administrators of Debenhams which concerned the impact of the application of the Government’s Coronavirus Job Retention Scheme in administrations and the recent decision of Snowden J in […]
Lehman Brothers Australia Ltd (in liquidation) v MacNamara & Ors (the joint administrators of Lehman Brothers International (Europe) (In administration) – Article by Josh Lewison
Can the courts stop officers from enforcing legal rights if it is unfair for them do so? This issue was considered in Lehman Brothers Australia Ltd (in liquidation) v MacNamara & Ors (the joint administrators of Lehman Brothers International (Europe) (In administration). Josh Lewison reported on the case for Corporate Rescue and Insolvency. You can […]
Re Carluccio’s Limited [2020] EWHC 886 (Ch) – Article by Matthew Weaver
In a judgment handed down on Monday 13th April 2020 in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch), Snowden J considered the application of the Government’s Coronavirus Job Retention Scheme in administrations both as a matter of principle and in respect of the logistics and practicalities involved for office holders. Matthew Weaver considers […]
Frustration, COVID-19 and company voluntary arrangements – Article by Tina Kyriakides
Could the restrictions imposed on business during the coronavirus pandemic frustrate CVAs? In this briefing, Tina Kyriakides explores the law of frustration and its application to CVAs in relation to COVID-19. You can download the briefing here.
Out-of-Hours Appointments: A Temporary Fix to a Permanent Problem – Article by Josh Lewison
The past year has seen repeated attempts by the courts to solve the conundrum of electronic working and how it interfaces with out-of-court appointments of administrators. So is the Temporary Practice Direction Supporting the Insolvency Practice Direction just a temporary fix for what is a permanent problem? Josh Lewison examines the case law in this […]
Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others – Article by Kate Rogers
When will the insolvency court review, rescind or vary any order made by it? Kate Rogers explores the recent decision of Discovery (Northampton) Ltd and other companies v Debenhams Retail Ltd and others [2020] EWHC 260 (Ch ), in an article first published by Lexis®PSL on 2 27/02/2020. You can read Kate’s full analysis here.
Are UK insolvency laws fit for purpose? – Matthew Weaver writes for the Law Society Gazette
Matthew Weaver was invited by the Law Society Gazette to reflect on government proposals for reforming insolvency law in the context of the high number of insolvencies that occurred in 2019. What changes need to be made to ensure the UK legal system is fit for purpose and should we look to the US for […]
Can directors appoint administrators outside of court opening hours? – Article by Catherine Doran
Catherine Doran discusses whether directors can appoint administrators outside of court opening hours following her recent case in which a notice of appointment was filed at 4.37pm. You can read the full article here.
