Frances Coulson participates in the IR Global Insolvency Virtual Series – Insolvency & Restructuring: How the global pandemic changed the rules on insolvency

Foreward by Andrew Chilvers Insolvency and restructuring legislation changed radically in all jurisdictions in the wake of COVID-19. While governments have tried to delay the number of insolvencies in the short term, most experts agree that distressed businesses will start to fail significantly later this year and into 2021. For insolvency practitioners and lawyers alike, […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

Core-Restoration and Appointment of Liquidators Under s108 IA86

Core VCT plc, Core VCT IV plc and Core VCT V plc were investment companies. The investments were managed by Core Capital LLP and later by Core Capital Partners LLP. A Mr Fakhry and a Mr Edwards were partners in the LLPs. On 16 April 2015 the companies went into members’ voluntary liquidation. They were […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

Holding the court to ransom -Administration and Practice

On 3 September 2020, at 11.56 pm following an urgent telephone hearing, Fancourt J made an order appointing administrators over nine companies. On 8 December he gave judgment setting out his reasons for doing so (Re Nationwide Accident Repair Services Ltd & Ors [2020] EWHC 2420 (Ch)). His reasons were conventional. He found each of the […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

Insolvency Seminar

For Insolvency Professionals CPD accredited –Ref 856-MOBE – 1.5 hours 1st September 2020 When:  3.45pm – Registration, 4.00pm – Presentations/discussion to 6pm – Drinks (sorry bring your own!) and networking as long as guests stay afterwards Where: Your Home Office We are hopeful that some experience and more detail around the workings of the Corporate Insolvency & […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

Sevilleja v Marex Reflective Loss – A claim by a company’s creditor against a third party was not barred

The principle of reflective loss is generally regarded as having been established in the case of Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) [1982] Ch 204. Reflective loss is the loss suffered by a shareholder as a result of a breach of duty owed to the company and breach of a duty owed to […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

STUDIO | LEGALE joins IR as the exclusive Debt & Asset Recovery Member in Belgium

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Laurie Peer of STUDIO | LEGALE. Laurie has joined IR as our exclusive Debt & Asset Recovery member in Belgium. STUDIO|LEGALE is a young (°2009) and dynamic law firm with a single objective: to assist you quickly and pragmatically in your legal […]

Laurie PeerPartner, STUDIO | LEGALE

Fine is a Provable Debt in Company Liquidation

Re Paperback Collection & Recycling Ltd [2020] EWHC 1601 (Ch) Paperback Collection & Recycling Limited (the company) was in the recycling business carrying on business in Wales. Its regulator for waste activities was Natural Resources Wales (NRW), the respondent to the application. NRW commenced criminal proceedings against the company (and its directors) for offences relating […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

CGL Realisations Ltd [2020] EWHC 1707 (Ch)

Re CGL Realisations Ltd [2020] EWHC 1707 (Ch), a recent judgment of deputy ICC judge Agnello, concerned a single issue, namely whether at the relevant time for the purposes of section 240(1)(a) Insolvency Act 1986, CGL Realisations Ltd (“Comet”) was connected (within the meaning of section 425 Insolvency Act 1986) to the respondent, Darty Holdings SAS, […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

North Point Global Ltd [2020] EWHC 1648 (Ch) -A Principled and Pragmatic Approach by the Court

Re North Point Global Ltd [2020] EWHC 1648 (Ch) (26 June 2020) is an example of the court adopting a principled approach to an apparent lacuna in our insolvency legislation to produce what we suggest most people will regard as a just and pragmatic result. In 2017 North Point Global Limited entered into a company […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

Curr v London & Country Mortgages [2020] EWHC 1661 (QB)

Curr v London & Country Mortgages [2020] EWHC 1661 (QB), a judgment of Andrews J, is the classic case of a former bankrupt pursuing vexatiously litigation that was not his to pursue.  Mr Curr had been employed by London & County Mortgages. On 8 December 2017 (less than 3 months into his probation period) he had […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever

LLP member’s duties

Davidison v Finnan & Ors [2020] EWHC 1607 may not seem to be of great interest on an initial reading. The application before the deputy judge, Hugh Sims QC, was made by one of several respondents to a liquidator’s misfeasance claim. By his application he sought reverse summary judgment against the liquidator, asking for the misfeasance […]

Frances CoulsonSenior & Managing Partner, Head of Litigation & Insolvency, Moon Beever