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Restructuring & Insolvency

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. 

17 February 2021

The Queen’s Gambit: Crown Preference

This article will focus on Her Majesty’s Revenue and Custom’s (HMRC’s) “gambit” to gain an advantage over other creditors through the return of the “crown preference” from 1 December 2020. This article explores what HMRC’s status as a secondary preferential creditor means and its implications for insolvency practitioners and others going forward.

7 January 2021

Civil Fraud Quarterly Round-Up: Q4 2020

A Civil Fraud quarterly round-up (4th quarter 2020)

Mary Young

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