The bankruptcy threshold will increase to £5,000 for creditors’ bankruptcy petitions presented after 1 October 2015 as set out in the Insolvency Act 1986 (Amendment) Order 2015. Should a bankruptcy petition be presented prior to this date, the current minimum bankruptcy level of £750 will apply. Whilst debtors will welcome the move, creditors wishing to […]
Bankruptcy threshold rises to £5,000 Read More »
In this two part series, solicitor and founding partner Jeremy Boyle of Summit Law LLP and Barrister Louise Bowmaker of Enterprise Chambers, take a look at the legislation relating to directors’ overdrawn loan accounts. In Part 1 we looked at the Companies Act 2006 but as stated in our earlier blog above the 1985 Act will continue
Overdrawn Directors’ Loan Accounts – Part 2 Read More »
Founding partner and solicitor Jeremy Boyle has been invited to talk on 11 March 2015 by the London Fraud Forum hosted by Grant Thornton. The seminar will focus on recoveries in the public sector.
London Fraud Forum Read More »
In this two part series, solicitor and founding partner Jeremy Boyle of Summit Law LLP and Barrister Louise Bowmaker of Enterprise Chambers, take a look at the legislation relating to directors’ overdrawn loan accounts. Seven years since the legalisation of directors’ loans, the ever-flexible directors’ loan account is as popular as ever, particularly for smaller,
Overdrawn Directors’ Loan Accounts Read More »
The purpose of CPR Part 36 is to encourage settlement between parties before trial. Its primary effect is to impose cost sanctions on a party who declines an offer to settle a dispute pursuant to Part 36 and subsequently then fails to achieve a better result at trial. The new rules will be in force
New Changes to CPR Part 36 Offers – Effective from 6 April 2015 Read More »
So you did some work for a client in Madrid and you are based in England. Accordingly, April 2015 will not see the end of the recoverability of success fees and after the event (ATE) insurance premiums from the losing opponent as part of the costs ordered on the successful outcome in insolvency litigation cases.
LASPO Funding Update for Insolvency Proceedings Read More »
The High Court considered in Horton v Henry whether it had power under s.310 of the IA 1986 to make an IPO in respect of a pension which is not in payment. The earlier 2012 decision in Raithatha v Williamson concluded a TIB had power to claim a bankrupt’s lump sum entitlements under personal pension schemes not yet in
Since 1 December 2014, new guidance on the instruction of experts in civil claims has been implemented. The new guidance highlights the existing requirements concerning expert duties under CPR 35 and PD 35 and reinforces the underlying requirement of independence. The new guidance reflects the Jackson reforms which were introduced in April 2013. The full
New Guidance from Civil Justice Council – Instructing Expert Witnesses Read More »
The government has indicated that April 2015 will see the end of the recoverability of success fees and after the event (ATE) insurance premiums from the losing opponent as part of the costs ordered on the successful result of insolvency litigation. Crucially, any award of damages where funding arrangements are entered into after 1 April
The Perils of April 2015 for Insolvency Litigation Cases Read More »
A recent judgment in the High Court has highlighted the need for office-holders to take care not to make sweeping requests for information when making applications for disclosure from third parties under section 236 of Insolvency Act 1986 in respect of corporate insolvency. The decision emphasises the need to be specific in terms of the
Drafting Applications for Disclosure under s.236 of IA 1986 Read More »
