Bankruptcy and Insolvency

Articles

Part 26A restructuring plans – where are we now for the restructuring tool of choice?

Michael Mulligan, Charlotte Mullis, and Martha Wyrick from Haynes and Boone, discuss the lessons learned from numerous rulings by English courts in 2024 on restructuring plan decisions

The collapse of BHS: directors’ liability for wrongful trading and misfeasance

Dr Anil Balan, a Senior Lecturer in Professional Legal Education at the Dickson Poon School of Law, King’s College London, and a Senior Fellow of the Higher Education Academy, discusses the implications of the ruling that found former directors of BHS liable for wrongful trading and misfeasance

Acquiescence, control and the statutory pledge

Ross Caldwell from Morton Fraser MacRoberts assesses the statutory pledge being introduced by the Moveable Transactions (Scotland) Act 2023

Contractual interpretation and formation: back to basics

Lydia Danon and Jordan Waldock outline the critical role of fundamental principles of contractual interpretation and formation in legal disputes

Insolvencies on the rise and the responsibilities of directors

Stephen Wade discusses some of the drivers of insolvencies and reminds directors of their responsibilities

Hunt v Singh: the lay of the land on director’s duties following Sequana

In exploring the Hunt v Singh decision, Jonathan Gorman clarifies when directors' duties to creditors arise, emphasising knowledge of insolvency risks over mere financial distress

“The solution for a dissatisfied litigant is not to threaten the judge”

Annabel Whittaker explores the multiple lessons from Ferme v Gwinnutt

Two solicitors join Insolvency Rules Committee

The Lord Chancellor has approved the appointment of Robert Paterson and Alexander Wood as solicitor members of the Insolvency Rules Committee