Blog
Lafarge convictions: a landmark moment in corporate criminal accountability
Louise Hodges
6 August 2020
Disclosure of documents subject to implied undertakings
The recent case of The Official Receiver v Andrew Nathaniel Skeene and Junie Conrad Omari Bowers [2020] EWHC 1252 (Ch) (“Skeene”) is a good example of the crossover between insolvency related proceedings and criminal proceedings. In this case, the High Court considered the Official Receiver’s (“OR”) ability to disclose to the Serious Fraud Office (“SFO”) documents which had been obtained by the OR during the course of disqualification proceedings.
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.
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.
5 August 2020
Simply Alarming: when might an unfair prejudice petition fail?
In the recent case of Simply Alarming Security Ltd [2020] 7 WLUK 330 the Court refused to order that the Respondent director/shareholder had to purchase the shares of a shareholder/former director (the Petitioner) who alleged that she had been the subject of unfairly prejudicial conduct by the Respondent.
29 July 2020
Professional Negligence: the importance of the written word
All professionals are under a duty to exercise skill and care when acting for clients. In particular, a professional is judged by the standard of a reasonably competent professional specialising in the area in which they hold themselves out as having expertise in. If the professional fails in this duty then there could be a potential claim for negligence.
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