Insolvency Litigation

11 June 2021

A nervous disposition

Daniel Staunton explores the inherent conflict between the jurisdiction of the bankruptcy courts and the family courts and asks which jurisdiction trumps the other? This article focuses on the authorities in relation to section 284 and when family court orders might be liable to be set aside as void dispositions

Daniel Staunton

11 June 2021

On the rebound: How to clawback from a divorce

Mary Young explores how divorce settlements between spouses may be caught later down the line in bankruptcy proceedings as potential TUVs where there are dishonest motives.

Mary Young

11 June 2021

Convergent Divergence: When bankruptcy and the family courts collide

What often happens when the insolvency courts and family courts collide; the potential effect a bankruptcy order of one spouse can have on a financial order made in favour of the non-bankrupt spouse and the different tests of each court.

Stacey Nevin

17 February 2021

One hand in the cookie jar: Fraud and directors’ duties in insolvency

What happens when a director commits fraud by misappropriating company assets?  Or what of the director who continues trading knowing that the company has no realistic prospect of paying its debts as and when they fall due? To whom does a director owe duties at that point and what recourse is there against that director? This article explores these questions.

Luke Gregory

17 February 2021

£26 billion fraud: The other side of the Coronavirus Business Interruption Loan Schemes

We have previously examined how the Government’s Coronavirus Business Interruption Loan Schemes (the Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and Coronavirus Large Business Interruption Loan Scheme (CLBILS)(together the “Schemes”) work. A report issued by the Public Accounts Committee on 10 December 2020 highlights the darker side of the Schemes and what it is costing the UK taxpayer. 

Daniel Staunton

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