The Supreme Court’s decision on balance sheet insolvency *

United Kingdom - May 21 2013
The Supreme Court has held that the balance sheet test for insolvency is not whether the company has "reached the point of no return", but neither is…

Co-authors: John Harvey, Dino Paganuzzi, Michael McCarthy.

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Out of court administration appointments: formalities and validity *

United Kingdom - July 11 2012
There have been nine reported judgments since 2011 dealing with the formalities required for an appointment of administrators under paragraph 22 of Schedule B1.

Co-authors: John Harvey, Dino Paganuzzi, Michael McCarthy.

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Nowhere to hide: debtor’s pension available to creditors and trustees in bankruptcy *

United Kingdom - April 10 2012
Most pension schemes give the beneficiary an option as to when to start to draw the pension, and whether or not to draw a tax free lump sum.

Co-authors: John Harvey, Dino Paganuzzi, Michael McCarthy, Gareth Dodds.

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Forfeiture of assets on insolvency: “it’s yours until you go bust” *

United Kingdom - September 22 2011
The Supreme Court has clarified the extent to which it is possible for a contract to provide for a company or individual to lose assets on insolvency.

Co-authors: Dino Paganuzzi, Gareth Dodds.

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Using insolvency processes to investigate fraud *

United Kingdom - August 12 2011
The decision of Mr Justice Mann in the High Court in Payless Cash & Carry Limited v Patel and Others [2011] exemplifies the detailed investigation which can be carried out by the appointment of a provisional liquidator or a liquidator in cases of suspected fraud.

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