Pages Accessibility Am I Insolvent? Arrange A Meeting Ask a Question Blog Contact Us Cookie Policy Creditors Voluntary Liquidation – Fast Liquidation Process Creditors Voluntary Liquidation Online CVL Application Form CVL Engagement Terms CVL Information Form CVL Procedure CVL Process Online Directors’ Duties Home How to resolve HMRC Tax Debts? Insolvency Liquidation Making a Complaint Members Voluntary Liquidation Members Voluntary Liquidation – Fast Liquidation Process MVL Application Form MVL Engagement Terms MVL Information Form MVL Procedure MVL Procedure MVL Process Online Privacy Statement Search Results Services Regulations Sitemap Statements of Insolvency Practice Terms of Use Test not for use Why Us? Wrongful Trading Wrongful Trading? Posts by category Category: Uncategorized Wrongful Trading is Back! What is a Winding Up Petition? How to Spot Fraud What is a Preference? Real People Go to Court Director Not Necessarily an Agent Liquidator’s duty of Confidentiality and Privacy: Company Records Directors do not need to be Accountants Insolvency Practitioners could be excused from cross examination? Insolvency Practitioners deserve huge pat on the back from creditors? Director Misfeasance: there’s no “might” about it Liquidator Removal: Open Your Eyes and See Bankruptcy’s not so clean slate Putting the Creditors First Failure to Safeguard Estate Monies Insolvency is a Class Remedy Court not bound by Nominee Creditors believe that they are unlikely to obtain returns from an insolvency In the Director’s Personal Name and on the Balance Sheet? Insolvency Act Powers – Reaching for the Section 236 pen; does the 234 one instead have more ink? Asset-creating liquidator deserving of a pat on the back Can Two Wrongs make a Right? Bankruptcy Order from Judgment by Fraud The Proof of Debt and 'spinning top' The Proof and the Burden: Court overturns a Liquidator's rejection of a creditor's Proof of Debt Shlosberg v Avonwick Holdings Ltd [2016] EWHC 1001 (Ch): privilege and an injunction requiring solicitors to cease acting VAT: planning restriction for use for holiday purposes prevents use as the person principal private residence Green v Stadler: A Case of Non Est Factum The Shifting Burden: Green v Raja 2015 EWHC 3931 (CH) Payments from a Company: The Swinging Pendulum of Director Liability De Facto Director – Key Issues Green v Eltai [2015] BPIR 24 Section 386 Companies Act 2006: What are adequate accounting records? Liquidators lacking finance not good enough… Section 236 (Emails): Opportunity v Oppression Section 236: speculation, fishing and oppression Creditors' Right to Requisition Meetings – the 25% threshold … Costs of Section 236 Compliance Do not divorce yourself from your creditors Liquidator Removal Case in Australia Jackson & Anor v Baker Tilly & Anor [2014] EWHC 1134 (Ch) Do the Civil Procedure Rules really achieve the Overriding Objective? What do Credit Managers want from Insolvency Practitioners – better information, better dividends and for less fees? Obtaining Advisers' Files (update re Costs) – responding if there is reluctance to assist you … Obtaining Advisers' Files (update re Privilege and Confidentiality) – responding if there is reluctance to assist you … Obtaining Advisers' Files Section 236: Unfocused fishing expeditions or just fact finding missions… The First Duty of a Liquidator Directors' Duties – Company Records In pursuit of the auditors' files In pursuit of the accountants' files – update Avoiding abuse of liquidation to defeat a landlord or contingent creditors In pursuit of the accountants' files Our Working Papers or the Clients?? Directors remuneration – beware of backdating your dividends because… Unlawful dividends and some case law Liquidator’s entitlement to accountant’s files Preference or invalid set-off: which is it? Hooper v Duncan Lewis (Solicitors) Ltd & Ors [2010] BPIR 591 Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010) The end of the balance sheet test for solvency? Green v Ireland [2011] EWHC 1305 (Ch) (20 May 2011) Insolvency Fees Liquidator’s Duty to Fish and Investigate Fishing for creatures in ponds that you do not even know exist Wrongful Trading or Insolvent Trading, which is the unlawful act?
