The In-House Lawyer

Insolvency and corporate restructuring


Rent in administration proceedings: a headache for landlords

An important area of insolvency law – the liability of a company in administration to pay the rent under the lease of its premises – which until recently had been relatively clear and straight forward, ... Read more

Freight forwarder’s contractual lien versus the administration moratorium

Our article in The In-House Lawyer’s March 2010 issue (‘The effective use of liens to protect against the collapse of corporate customers’, issue 178, p41-43) dealt with the need for logistics services providers to have ... Read more

The long arm of insolvency law disarmed

In the November 2011 issue of 
The In-House Lawyer we looked at the Court of Appeal decision in New Cap Reinsurance Corporation Ltd (in liquidation) & anor v Grant & ors (as members of Lloyd’s ... Read more

Wrongful trading, the benchmark for directors’ duties: recent developments

The wrongful trading provisions of the Insolvency Act 19861 were introduced following the recession of the early 1980s, having been previewed in the Cork Report. Although new to English law in 1986, the concept of ... Read more

Winding up petitions: the sharpest debt recovery tool in the box?

As economic pressures continue to affect corporate Britain, companies are imposing their own austerity measures. As suppliers of goods and services, companies want to receive payment as soon as it is due, either in accordance ... Read more

Administration sales and TUPE: normal service resumed

For many years, the accepted way 
to rescue the business of a company 
and thereby preserve employment, 
while paying the maximum return to creditors, has been administration 
followed by the sale of the business 
and ... Read more

Administrators, landlords and tenants: an update

Most commentators are agreed that 2012 will be an extremely difficult year for business globally and particularly in the eurozone. In the UK, both landlords and tenants are going to have to be acutely aware ... Read more

The long arm of insolvency law

In New Cap Reinsurance Corporation Ltd (in liquidiation) & anor v A E Grant & ors as members of Lloyd’s Syndicate 991 for the 1997 Year of Account & anor [2011], on 9 August 2011, ... Read more

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