Insolvency Law: Corporate and Personal is written in a detailed yet straightforward way, making it accessible to both practitioners and students.
This comprehensive book explains legislation and discusses cases on all aspects of corporate and personal insolvency, covering each of the procedures available. The text is presented logically under headings, with pointers to more specialised information and additional cases.
This fifth edition:
- Updates the relevant areas of law by considering new provisions and cases and particularly appellate decisions
- Includes new case law on out-of-court administrator appointments which has developed in a demanding context where the Insolvency Rules 2016 meet the Practice Direction: Insolvency Proceedings 2018 and the Electronic Practice Direction
- Provides an examination of the new case law in the context of pre-packs, such as Re VE Interactive which highlight the pitfalls for administrators
- Considers cases such as Brewer v Iqbal which continue to explain and apply the duties owed by an administrator to the company’s creditors generally
- Examines the first and only reported case on directors’ disqualification compensation orders, Re Noble Vintners Ltd.
- Considers the Court of Appeal decision in BTI 2014 LLC v Sequana SA and its effect on directors’ responsibilities to creditors when their company is insolvent
- Provides some discussion of the Corporate Insolvency and Governance Act 2020 and identifies how it affects some critical areas of the law
- Considers the position of Brexit in relation to European insolvencies
- Examines the position of office-holders seeking to compel the examination of witnesses residing outside of the UK
- Discusses the use of change of position as a defence in transactional avoidance cases
