Suspension of Wrongful Trading ends but important questions remain

Under ss. 214 and 246ZB of the Insolvency Act 1986, where a director of a company knows, or ought to conclude that there is no reasonable prospect that the company will avoid going into insolvent liquidation or insolvent administration, he or she must take every step that a reasonably diligent person having both the knowledge,

Restrictions on winding-up petitions: update by Zara Mcglone

The Corporate Insolvency and Governance Act 2020 (‘CIGA 2020’), which entered into force on 26 June 2020, introduced the most significant changes to insolvency law in the United Kingdom for almost twenty years. These changes included temporary restrictions on creditors’ actions, which were set out in Schedule 10 to CIGA 2020 and were introduced in

The Courts after COVID: what might the ‘new normal’ look like?

In a speech to the Chancery Bar Association in March of this year titled “The direction of travel”, the new Chancellor, the Rt Hon Sir Julian Flaux, set out “some preliminary thoughts on the road ahead” as he takes stock of his new role. His speech[1] gave practitioners a glimpse at what the ‘new normal’

Alexander Cook & Daniel Kessler appear in a quantum judgment concerning the proper remedy when a director is found to have acted in breach of duty in diverting a business to another company

The High Court recently gave judgment in Davies v Ford [2021] EWHC 2550 (Ch) where Alexander Cook and Daniel Kessler represented the second and third defendants; a director found to have acted in breach of duty (“Director”) and the new company he incorporated with the first defendant (“NewCo”). The Court discussed the nature of the

Lara Hassell-Hart successful on two more urgent Part 8 claims for the Gas and Electricity Markets Authority in the High Court

The High Court on Friday gave declarations of insolvency sought urgently in relation to two energy supply companies, Igloo Energy Supply Limited and ENSTROGA Ltd. The declarations enable the regulator to take steps to revoke the companies’ energy supply licences and manage those customers’ energy customers going forward. Lara Hassell-Hart appeared in the Interim Applications

Jonathan Crow QC represents the executors of the Duke of Edinburgh

Following a private hearing, the President of the Family Division has handed down a public judgment acceding to an application by the executors for sealing up the will of HRH The Prince Philip, Duke of Edinburgh, and withholding the value of his estate from the grant of probate. Read a copy of the judgment here.