Moon Beever E-Alert: Jackson v Ayles

Jackson v Ayles [2021] EWHC 995 (Ch) was an application by a trustee in bankruptcy for possession and sale of the bankrupt’s matrimonial home The interest in the judgment is that she also sought a declaration that security held over the property by a lender, Mr Pumphrey, was unenforceable by reason of breach of provisions […]

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Claims against directors – an Equitable result for the liquidators?

Weighing in at 494 paragraphs, Meade J’s judgment in Re Equitable Law Capital Ltd [2021] EWHC 763 (Ch) covers a lot of ground, not all of which can be examined in this alert. Beginning with the end, Meade J found for the company’s liquidators against one respondent, Mr Clarkson, who he held had been a […]

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Defective Administration Appointments; Heading Towards Consistency

Applications dealing with defects in the appointment of administrators continue without the final answer the insolvency professions have been waiting for, but a measure of consistency of approach appears to be emerging – for the time being. In Wessely & Anor (Zoom UK Distribution Ltd) v Rubra & Ors [2021] EWHC 800 (Ch) the administrators […]

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Demondo joins IR as the exclusive Debt & Asset Recovery Member in Germany

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Thomas Kunisch of Demondo. Thomas has joined IR as our exclusive Debt & Asset Recovery Member in Germany. Thomas Kunisch is a trained banker and studied economics. After many years in telecommunications, where Mr. Thomas Kunisch held senior positions in business […]

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Cross Over of Company Law and The Law Relating To Limited Liability Partnerships

The “cross-over” between company law and the law governing limited liability partnerships is not straightforward, so the clarification of even limited aspects of it is to be welcomed. It comes in the form of the judgment of Michael Green J in  Secretary of State for Business, Energy And Industrial Strategy v Geoghegan & Ors [2021] […]

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Thomas Kunisch

CEO, Demondo

Moon Beever E-Alert: PGH Investments Ltd v Ewing

PGH Investments Ltd v Ewing [2021] EWHC 533 (Ch) adds to the emerging authorities on the coronavirus test in compulsory winding up, but it deals with other issues as well. The application before Deputy ICC Judge Passfield was for the dismissal of a winding up petition presented by Sean Ewing, alternatively for an order restraining […]

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Fairford Water Ski Club Ltd v Cohoon

In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143 the Court of Appeal allowed an appeal against the decision of HHJ Russen ([2020] EWHC 290 (Comm)) holding Mr Cohoon and two other defendants liable for breaches of duty in proceedings brought by Fairford, a company of which Mr Cohoon had […]

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Kumar v Hellard – A decision on capacity

On allowing an appeal against a bankruptcy order, the High Court emphasised that if there is evidence of incapacity on the part of a litigant the procedure under CPR 21 is engaged so that a litigation friend must be appointed. The failure by the first instance court in dealing with that issue meant that the […]

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