Insolvency Litigation

6 August 2020

Insolvency interviews in the context of suspected criminal or regulatory misconduct

Interviews are frequently conducted by office-holders with individuals previously involved with an insolvent company, such as directors and officers, employees, accountants, lawyers and other third parties. Such interviews will often provide key information regarding the company’s trading and dealings and the actions of its directors and employees, thereby assisting office-holders seeking to investigate potential fraud, misfeasance and other forms of misconduct.

Alun Milford

6 August 2020

Insolvency powers: Section 236 and extra territorial effect

Third parties are often caught (innocently or not) in the cross hairs of office holders seeking information and/or documents on the asset and liability position of a company in order to fulfil their functions properly and their duties to the creditors.

Daniel Staunton

13 July 2020

Civil Fraud Quarterly Round-Up: Q2 2020

A Civil Fraud quarterly round-up (2nd quarter 2020)

Mary Young

11 June 2020

The emperor’s new clothes or sweeping reform? The Corporate Insolvency and Governance Bill

The Corporate Insolvency and Governance Bill received its first reading in the House of Commons on 20 May 2020, several months after Alok Sharma first announced what we expected to be the biggest changes to insolvency law in decades.

Daniel Staunton

7 May 2020

Fraud Unravels All?

In the recent case of Georgallides –v- Secretary of State for Business, Energy and Industrial Strategy [2020] EWHC 768 (Ch), the High Court grappled with the question of how the maxim “fraud unravels all” should apply to disqualification undertakings given pursuant to Section 8A of the Company Directors Disqualification Act 1986 (“the CDDA”).

Richard Clayman

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