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Posts tagged with "insolvency-act"

Case Study: The Impact of Winding Up Petitions on Pending Litigation

January 14 2014

In the recent case of Alexander & Law Limited v Coveside (21BPR) Limited [2013] EWHC 3949 (TCC) the High Court held that the existence of a winding up petition, which might or might not be successful, did not preclude the granting of   Read More…

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Clarification at last for the ‘Balance Sheet Insolvency Test’

May 15 2013

The recent case of BNY Corporate Trustee Services Limited v Eurosail UK 2007-3BL PLC [2013] UKSC 28 (“Eurosail”) is of significant importance as it was the first time the Court of Appeal and the Supreme Court have had to analyse the meaning   Read More…

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Company Director disqualified for taking back “his” £500,000

February 22 2013

Roger Dyson, director of Roger Dyson (U.K.) Limited which has been involved in the construction of recovery vehicles for nearly 40 years, has been banned from being a director for five years. His disqualification on 16 January 2013 at the High Court   Read More…

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The balance sheet test of insolvency – New guidance

July 22 2011

The Court of Appeal’s (CoA) recent judgment in BNY Corporate Trustee Services v Eurosail & Ors (2011) provides important guidance on the interpretation of the “balance sheet test” of insolvency set out in Section 123(2) of the Insolvency Act 1986. That section,   Read More…

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