The Insolvency (England and Wales) Rules 2016 (often referred to as the “Insolvency Rules 2016”) are due to come into force on 6 April 2017.
Offering you real strength in depth, we have a particularly strong litigation background and carry out litigation, asset tracing, investigations and recovery work on behalf of insolvency practitioners, secured lenders and other creditors.
Clarion ‘stands out in its peer group’; its ‘presence in the restructuring market is significant’.Legal 500
We actively promote the use of conditional fee arrangements and after the event insurance for clients, often enabling litigation to be carried out where there are limited or no funds.
Our dedication, experience and expertise in this area has led to us being granted delegated authority from our insurers which enables us to put adverse costs insurance in place immediately in most cases without the delay or additional expense of needing to obtain a favourable barrister’s opinion beforehand.
We have broad experience of cross border and multi jurisdiction actions and a vast and enviable reputation in insolvency related litigation.
Our broad experience, knowledge and sought after expertise within this field has also lead us to represent individuals, directors and companies in high profile and complex cases facing claims and investigations from insolvency practitioners and secured lenders.
The Court of Appeal has now handed down its long-awaited judgment in the case of Horton v Henry  EWCA Civ. 989.
The Insolvency Act 1986 is to be amended by the abolition of the requirement for creditors’ meetings to be held as the default means of decision making, replacing this instead with a “deemed consent” procedure or a “qualifying decision” procedure.
What is a Validation Order? If a company is wound up by the Court, under Section 127 of the Insolvency Act 1986 any disposition of that company’s property (and any transfer of shares or alteration in the status of that company’s members) made…
Insolvency Practitioners and third parties who wish to claim against the insurer of an insolvent company/individual will be pleased to see that the Third Parties (Rights Against Insurers) Act 2010 came into force this week on 1 August 2016.
From April 2016, the ‘No Win, No Fee’ reforms which were brought into force by the Jackson Reforms in 2013 for civil litigation will apply to insolvency proceedings.
Insolvency professionals will no doubt welcome changes detailed below. In particular, clarification that a director’s administration appointment is not invalid by virtue of the filing of a winding up petition during the interim moratorium period.
To be made bankrupt, a court has to issue a bankruptcy order which can occur for the following reasons:
In December 2014, the High Court decided not to follow the earlier decision made in Raithatha v Williamson  EWHC 909 (Ch) (“Raithatha”).
On 31 October 2014 The Supreme Court refused Game's application to appeal the Court of Appeal decision in Re Game Station leaving the common sense approach to insolvency practitioners’ occupation of rented premises to prevail.
In the recent case of Blue Monkey Gaming v Hudson & Others  EWHC (Ch), the High Court have helpfully provided guidance on the role of administrators in relation to retention of title claims.
In Hockin & Ors v Marsden & Ors  EWHC 763 (Ch) the High Court held that it would unfairly prejudice a company’s creditors if the company’s mis-selling claim against a bank were not assigned by its administrators to a creditor to pursue.
The Court of Appeal has this morning given judgment in the highly anticipated (and welcome) case of Re Game Station and has overruled the controversial decision of the High Court in Goldacre.
In the recent case of Secretary of State for Business v McDonagh and others UKEAT/0287/12 and UKEAT/0312/12, the Employment Appeals Tribunal (the “EAT”) had to consider for the first time when the ‘appropriate date’ falls when, i…
Conditional Fee Agreements & After the Event Insurance Many Liquidators, Administrators and Trustees in Bankruptcy will be finding themselves in the situation where they have identified potential claims that could be brought in a particular case…
Helen Bates of Clarion’s Corporate Recovery practice acted on behalf of the Administrators of Hemmels Limited in negotiating and successfully concluding the sale of the company’s business and assets out of Administration. The company ha…
A group of Leeds claims companies have been saved after they were bought out of administration in a pre-packed sale. Joint administrators Kelly Burton and Lisa Hogg from Sheffield-based Wilson Field were called in by the directors when the group faced fi…
A pair of Leeds-based roofing and industrial cladding firms have entered administration, prompted by a period of severe financial difficulties that followed their rapid expansion. The two associated companies - Cover Structure Ltd and Coloured Metal Prof…
Annette Thomson has joined Clarion in Leeds as an associate solicitor in its corporate recovery and insolvency team.
The Government has announced today that they have granted an extension of the temporary exemption of insolvency litigation from the 2012 Legal Aid, Sentencing and Punishment of Offenders Act “LASPO Act”).
The business and assets of Leeds-based Andrews Fasteners Ltd have been acquired by a new company AFC Products Limited.
Clarion’s corporate recovery and finance groups have been further boosted with the appointment of Ben Slack.
Finalists in the Insolvency & Rescue Awards 2013.
Our corporate recovery and insolvency team is continuing to grow with the appointment of Russell Stevens as legal assistant in the practice’s specialist banking and finance team.
We are delighted to have made the top three in national insolvency awards
Alice Pratt, who has recently become a partner at law firm Clarion, was awarded the title of Rising Star at the Professionals Fashion Show Ball and Model Employee Awards 2012 recently.
Helen Bates and Clare King have both been promoted to senior associates by Clarion.
We have appointed our 18th partner with the promotion of Alice Pratt from senior associate to partner in the growing corporate recovery practice.
Mid Tier/Boutique Law Firm of the Year 2011