Insolvency and bankruptcy News

The Court of Appeal has handed down its landmark judgment in Sequana, in the Insolvency sphere (BTI 2014 LLC v Sequana S.A. [2019] EWCA Civ 112). How likely does insolvency need to be, before a director must consider the interests of creditors when deciding what is in the company’s best interests? Is a dividend payment capable of amounting to a transaction defrauding creditors? John Jessup analyses the decision and considers how it changes the law....

3PB’s Commercial and Property barrister Rebecca Farrell, instructed by Ian Baker of London solicitors PGB Gitlin Baker, acted for the Petitioning Creditor Darius Khakshouri in successfully obtaining the bankruptcy of former property tycoon Kevin Cash who owed the businessman in excess of £3 million. The bankruptcy was obtained at Oxford County Court last week. The bankruptcy of Kevin Cash has attracted widespread publicity – alongside the planned sale of his £28m Oxfordshire home. Coverage includes...

When will solicitor’s working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege (“LAP”) and litigation privilege (“LP”)? Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact for civil litigation. Charles is a Commercial Law barrister who specialises in Insolvency and commercial matters. View his profile here....