11 January 2021 Insight Brexit Employment review 2020/2021 After what has been a year like no other, we offer our assessment of the most significant employment-related developments of 2020, grouped into 10 topics, and reflect on their continued significance into 2021. Bookmark this page 1 min read
11 January 2021 Insight Burden of proof on paragraph 74 application On a paragraph 74 application seeking relief from unfair harm caused by the administrators in refusing assignment of a claim to the applicant, the applicant had the burden of proving that the claim was not frivolous or vexatious. Bookmark this page 2 min read
11 January 2021 Insight Court refuses to make winding-up order of its own initiative Whilst the court has exceptional jurisdiction to make a compulsory winding-up order in the absence of a petition, it will not do so where the creditor is seeking to bypass the prescribed mechanism for obtaining a winding-up order. Bookmark this page 2 min read
11 January 2021 Insight Court wind up company without petition Having dismissed administration proposals and the viability of a creditors meeting, the court exercised its discretion to wind up a company without a winding up petition under the rarely used Insolvency Act 1986 Sch.B1 paragraph 55(2)(e). Bookmark this page 2 min read
11 January 2021 Insight Directors’ powers in a receivership A transfer executed by a sole director was valid and effective, even though receivers had been appointed. The Upper Tribunal (Lands Chamber) has held a director could execute a transfer to convey registered property even though receivers had been appointed. Bookmark this page 2 min read
11 January 2021 Insight Non-compliant scheme of arrangement saved The failure to include the statement of the directors’ interests with notice of the meeting to approve a scheme of arrangement amounting to statutory non-compliance was rectified, resulting in approval of the scheme by the court. Bookmark this page 1 min read
11 January 2021 Insight Strict application of insolvency claim deadlines The Court of Appeal has considered time limits for service of insolvency proceedings and the impact of expiry of the limitation period. Bookmark this page 2 min read
11 January 2021 Insight Release from appointment irrelevant if appointment invalid In the context of a claim issued against administrators, the Applicants applied to challenge the release of administrators on a number of grounds centred around the release orders at the conclusion of the administrations. Bookmark this page 1 min read